Lessor's Remedies on Default. If Tenant defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Tenant notice of such default and if Tenant does not cure any such default within (this shall be fifteen, if no other number is filled in) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such curing within such (this shall be fifteen, if no other number is filled in) days and thereafter proceed with reasonable diligence and good faith to cure such default), then Lessor may terminate this Lease and all rights of Lessee under this Lease by such written notice. If it so terminates on the date specified in such notice the term of this Lease shall terminate, and Tenant shall then quit and surrender the Real Property to Lessor, but Tenant shall remain liable as hereinafter provided. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property by any lawful means and remove Tenant or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, Lessor may recover from Tenant: (a) The worth at the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform its obligations under this Lease.
Appears in 8 contracts
Samples: Commercial Lease, Commercial Lease, Commercial Lease
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereofhereof including maintaining adequate soil fertility levels, or becomes insolvent or bankrupt, Lessor may give Tenant Lessee notice of such default and if Tenant Lessee does not cure any such default within (this shall be fifteen, if no other number is filled in) 15 days, after the giving of such notice (notice, or if such other default is of such nature that it cannot be completely cured within such period, if Tenant Lessee does not commence such curing within such (this shall be fifteen, if no other number is filled in) 15 days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease and all rights of Lessee under this Lease by such written noticelease on not less than 15 days notice to Lessee. If it so terminates on On the date specified in such notice notice, the term of this Lease lease shall terminate, and Tenant Lessee shall then quit and surrender the Real Property premises to Lessor, but Tenant Lessee shall remain liable as hereinafter herein provided. If this Lease lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property premises by any lawful means and remove Tenant Lessee, Lessee's crops, other occupants, or other occupants and their any effects. No failure to enforce any term shall be deemed a waiver. No act Lessee agrees to obtain an attorney of any court of record, as attorney for Lessee, on default by Lessee of any of the covenants, to enter an appearance in court of record, to waive process and service of process, and trial by jury, and to confess judgment against Lessee in favor of Lessor, with costs of the suit. The Lessee expressly waives all right to any notice or demand under any statute in this state relating to forcible entry and detainer. Lessee may not and shall not harvest crops after service of a notice of default. If the default is not cured within the 15 day period, Lessor shall be construed as terminating this Lease except written notice given by Lessor entitled to Tenant advising Tenant that Lessor elects a lien on any crops harvested, or to terminate harvest the Lease. In crops itself, and sell same, in order to reimburse the event Lessor elects to terminate this Lease, Lessor may recover from Tenant: (a) The worth at the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform its obligations under this Leaseany expenses incurred.
Appears in 2 contracts
Samples: Center Crop Land Lease, Center Crop Land Lease
Lessor's Remedies on Default. If Tenant defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Tenant notice of such default and if Tenant does not cure any such default within 30 days (this shall be fifteen, if no other number is filled in) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such curing within such 30 days (this shall be fifteen, if no other number is filled in) days and thereafter proceed with reasonable diligence and good faith to cure such default), then Lessor may terminate this Lease and all rights of Lessee under this Lease by such written notice. If it so terminates on the date specified in such notice the term of this Lease shall terminate, and Tenant shall then quit and surrender the Real Property to Lessor, but Tenant shall remain liable as hereinafter provided. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property by any lawful means and remove Tenant or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, Lessor may recover from Tenant: (a) The worth at the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform its obligations under this Lease.
Appears in 2 contracts
Samples: Lease Agreement, Addendum to Lease Agreement (Zero Gravity Solutions, Inc.)
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rentFixed Basic Rent or Additional Rent, or any additional rent, or if Lessee defaults in the performance of any of the other terms, covenants and conditions here of this Lease or conditions hereofif Lessee permits the Premises to become deserted, abandoned or vacated, Lessor may give Tenant Lessee notice of such default and if Tenant default. If Lessee does not cure any such Fixed Basic Rent or Additional Rent default within five (this shall be fifteen, if no 5) days after Lessee’s receipt of notice from Lessor or other number is filled indefault within twenty (20) days, days after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant Lessee does not promptly commence such curing within such twenty (this shall be fifteen, if no other number is filled in20) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may at any time thereafter either (i) deliver written notice to Lessee stating that Lessee's right to possession of the Premises shall expire and come to an end on the date fixed in such notice, which date shall be not less than ten (10) days after the date of said notice, and on the date fixed in said notice, this Lease and Lessee's right to possession of the Premises shall expire and come to an end as if such date were the date originally fixed in this Lease as the Expiration Date, and Lessee shall immediately quit and surrender the Premises to Lessor, it being the intent of the parties that this clause creates a conditional limitation, or (ii) terminate this Lease on not less than ten (10) days notice to Lessee, and all rights of Lessee under this Lease by such written notice. If it so terminates on the date specified in such notice said notice, Lessee’s right to possession of the term of this Lease Premises shall terminate, and Tenant shall then quit and surrender the Real Property to Lessor, cease but Tenant Lessee shall remain liable as hereinafter provided. If this Lease shall have been so terminated by LessorLessor pursuant to Articles 12 or 13 hereof, Lessor may at any time thereafter resume possession of the Real Property Premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure Lessee shall pay to enforce any term shall be deemed a waiver. No act of Lessor shall be construed Lessor, on demand, such reasonable expenses as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, Lessor may recover from Tenant: (a) The worth at incur, including, without limitation, court costs and reasonable attorney’s fees and disbursements, in enforcing the time of award performance of any unpaid rent that had been earned at the time obligation of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform its obligations Lessee under this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Nexus Biopharma Inc), Lease Agreement (Fluoropharma Medical, Inc.)
Lessor's Remedies on Default. If Tenant defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Tenant notice of such default and if Tenant does not cure any such default within 30 Days (this shall be fifteen, if no other number is filled in) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such curing within such 30 Days (this shall be fifteen, if no other number is filled in) days and thereafter proceed with reasonable diligence and good faith to cure such default), then Lessor may terminate this Lease and all rights of Lessee under this Lease by such written notice. If it so terminates on the date specified in such notice the term of this Lease shall terminate, and Tenant shall then quit and surrender the Real Property to Lessor, but Tenant shall remain liable as hereinafter provided. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property by any lawful means and remove Tenant or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, Lessor may recover from Tenant: (a) The worth at the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s 's failure to perform its obligations under this Lease.
Appears in 2 contracts
Samples: Lease Agreement, Addendum to Lease Agreement (Zero Gravity Solutions, Inc.)
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rentFixed Basic Rent, or any additional rentAdditional Rent, or defaults in the performance of any of the other covenants and conditions hereof or conditions hereofpermits the Premises to become deserted, abandoned or vacated, Lessor may give Tenant Lessee notice of such default default, and if Tenant Lessee does not cure any such Fixed Basic Rent or Additional Rent default within ten (this shall be fifteen, if no 10) days or other number is filled indefault within thirty (30) days, days after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant Lessee does not commence such curing within such thirty (this shall be fifteen, if no other number is filled in30) days day period and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease on not less than ten (10) days notice to Lessee, and all rights of Lessee under this Lease by such written notice. If it so terminates on the date specified in such notice said notice, Lessee's right to possession of the term of this Lease Premises shall terminate, and Tenant shall then quit and surrender the Real Property to Lessor, cease but Tenant Lessee shall remain liable as hereinafter provided. If this Lease shall have been so terminated by LessorLessor pursuant to Articles 12 or 13 hereof, Lessor may at any time thereafter resume possession of the Real Property Premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure The unsuccessful party shall pay tothe prevailing party, on demand, such expenses asthe prevailing party may incur, including, without limitation, court costs and reasonable attorney's fees and disbursements, in any proceeding relating to enforce any term this Lease. Notwithstanding the foregoing, Lessee's vacating of the Premises shall not be deemed a waiver. No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate default under this Lease, Lessor may recover from Tenant: (a) The worth provided that at the time of award of any unpaid rent that had been earned at the time of termination such vacating of the Lease; (b) The worth at the time of award Premises, Lessee shall deliver to Lessor a certification of the amount by which Chief Executive Officer or Chief Financial Officer of Lessee certifying that Lessee has the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary ability to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform meet its financial obligations under this Lease.
Appears in 2 contracts
Samples: Agreement (Medicines Co /De), Lease (Medicines Co /De)
Lessor's Remedies on Default. If Tenant Lessee defaults in the timely payment of rentBase Rent or any Additional Rent, or any additional rent, or if Lessee defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Tenant Lessee written notice of such default and if Tenant Lessee does not cure any such default within ten (this shall be fifteen, if no other number is filled in10) days, days after the giving of such notice in the case of a payment default, or thirty (30) days in the case of a non-monetary default (or if such other non-monetary default is of such nature that it cannot be completely cured within such thirty (30) day period, if Tenant Lessee does not commence such curing cure within such thirty (this shall be fifteen, if no other number is filled in30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may immediately terminate this Lease and all rights of Lessee under this Lease by such written noticeLessee’s right to possession. If it so terminates on On the date specified in such notice notice, the term Term of this Lease shall terminate, and Tenant Lessee shall then quit and surrender the Real Property Premises to Lessor, but Tenant Lessee shall remain liable for Base Rent, Additional Rent and Service Fees as hereinafter provided. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property Premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor entitled to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, Lessor may recover from TenantLessee: (ai) The worth the amount at the time of award such termination of any the sum of unpaid rent that had been earned Base Rent, Additional Rent and Service Fees which were due and payable by Lessee at the time of termination of the Leasetermination; plus (bii) The worth at the time of award of on a monthly basis thereafter, the amount by which the unpaid rent that Base Rent and Additional Rent payable by Lessee (or which would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (cpayable by Lessee) The worth at the time of award of the amount by which the unpaid rent for each month over the balance of the term of this lease after the time of award Term exceeds the amount amount, if any, of rental loss that Tenant proves could the Base Rent and Additional Rent actually collected by the Lessor from a substitute tenant each month over the balance of the Term. Lessor shall also be reasonably avoided; entitled to recover any reasonable costs or expenses incurred by Lessor in maintaining or preserving the Premises after such default, the reasonable cost of recovering possession of the Premises, reasonable expenses of re-letting, including necessary repairs of the Premises for which Lessee was responsible hereunder, Lessor’s reasonable attorneys’ fees incurred in connection therewith, and (d) Any other amount necessary any reasonable real estate commission paid to compensate Lessor for all detrimental proximately caused by Tenant’s failure an unrelated third party real estate brokerage firm upon re-letting the Premises with respect to perform its obligations under this Leasethe lease period until at the end of the Term.
Appears in 1 contract
Samples: Lease and Services Agreement
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rent, or any additional rentother sum due under this Lease, or defaults in the performance of any of the other covenants covenant or conditions hereof, Lessor may give Tenant Lessee notice of such default default, and if Tenant Lessee does not cure any such default within seven (this shall be fifteen, if no other number is filled in7) days, after days of the giving of such notice (in the case of non-payment of rent or if such other default is of such nature that it cannot be completely cured within such periodcharges, if Tenant does not commence such curing within such and thirty (this shall be fifteen, if no other number is filled in30) days and thereafter proceed with reasonable diligence and good faith to cure such defaultin all other cases), , then Lessor may terminate this Lease and all rights of Lessee under this Lease reenter and repossesses the Leased Premises as provided and permitted by such written noticelaw. If it so terminates on On the date specified in such notice the term of this Lease shall terminate, and Tenant Lessee shall then quit and surrender the Real Property Leased Premises to Lessor, but Tenant Lessee shall remain liable as hereinafter providedfor all obligations under this Lease, including but not limited to the payment of rent for the unexpired term of this Lease. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property Leased Premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act of If Lessor shall obtain possession of the Leased Premises by re-entry, summary proceedings or otherwise, Lessee shall pay Lessor all expenses incurred in obtaining possession of the Leased Premises and also all expenses and commissions that may be construed as terminating paid in and about the letting of the same, and all other damages, including reasonable attorney fees incurred with any of the foregoing. Lessor’s rights under this Lease except written notice given by Lessor to Tenant advising Tenant Section 17 shall be in addition to, and not exclusive of, any other right or remedy that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Leasemay have at law, Lessor may recover from Tenant: (a) The worth at the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform its obligations in equity or under this Lease.
Appears in 1 contract
Samples: Lease
Lessor's Remedies on Default. If Tenant Lessee defaults in the timely payment of rentBase Rent, Additional Rent, Service Fees or TPSA, or any additional rent, or if Lessee defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Tenant Lessee written notice of such default and if Tenant Lessee does not cure any such default within ten (this shall be fifteen, if no other number is filled in10) days, days after the giving of such notice (notice, or if Lessor determines that such other default is constitutes an imminent danger to the property or safety of such nature that it cannot be completely cured others, within such period, if Tenant does not commence shorter period of time as Lessor shall designate in such curing within such (this shall be fifteen, if no other number is filled in) days and thereafter proceed with reasonable diligence and good faith to cure such default)written notice, then Lessor may immediately terminate this Lease and all rights of Lessee under this Lease by such written noticeLessee’s right to possession. If it so terminates on On the date specified in such notice notice, the term Term of this Lease shall terminate, and Tenant Lessee shall then quit and surrender the Real Property Premises to LessorLessor in the same condition as in existence on the Commencement Date, but Tenant Lessee shall remain liable for Base Rent, Additional Rent, Services Fees and TPSA as hereinafter provided. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property Premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure Lessor may, at its sole option, also remove any vessel(s) from the Premises and, at Lessee’s sole risk and expense, move the vessel(s) to enforce any term shall be deemed a waiverdifferent slip, mooring space, anchorage site or dry land storage. No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor entitled to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, Lessor may recover from TenantLessee: (ai) The worth the amount at the time of award such termination of any the sum of unpaid rent that had been earned Base Rent, Additional Rent, Services Fees and TPSA which were due and payable by Lessee at the time of termination of the Leasetermination; plus (bii) The worth at the time of award of on a monthly basis thereafter, the amount by which the unpaid rent that Base Rent and Additional Rent payable by Lessee (or which would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (cpayable by Lessee) The worth at the time of award of the amount by which the unpaid rent for each month over the balance of the term of this lease after the time of award Term exceeds the amount amount, if any, of rental loss that Tenant proves could the Base Rent and Additional Rent actually collected by the Lessor from a substitute tenant each month over the balance of the Term. Lessor shall also be reasonably avoided; entitled to recover any reasonable costs or expenses incurred by Lessor in removing or relocating any vessel, repairing or preserving the Premises, the reasonable cost of recovering possession of the Premises, reasonable expenses of re-letting, Lessor’s reasonable attorneys’ fees incurred in connection therewith, and (d) Any other amount necessary any reasonable real estate commission paid to compensate Lessor for all detrimental proximately caused by Tenant’s failure an unrelated third party real estate brokerage firm upon re-letting the Premises with respect to perform its obligations under this Leasethe lease period until at the end of the Term.
Appears in 1 contract
Samples: Lease and Services Agreement
Lessor's Remedies on Default. If Tenant defaults in fulfilling any of the covenants of this Lease other than the covenants for the payment of rent, rent or any additional rent, or defaults if the Demised Premises becomes vacant or deserted in the performance violation of this Lease; or if any execution or attachment shall be issued against Tenant or any of Tenant's property whereupon the Demised Premises shall be taken or occupied by someone other covenants than Tenant; or conditions hereofif this Lease be rejected under Section 235 of Title 11 of the U.S. Code (bankruptcy code); or if Tenant shall fail to move into or take possession of the premises within thirty (30) days after the commencement of the term of this Lease, Lessor may give Tenant notice then, in any one or more of such events, upon Owner serving a written fifteen (15) days notice upon Tenant specifying the nature of said default and if Tenant does not cure any such default within upon the expiration of said fifteen (this shall be fifteen, if no other number is filled in15) days, after the giving of if Tenant shall have failed to comply with or remedy such notice (default, or if such other the said default is or omission complained of such shall be of a nature that it the same cannot be completely cured or remedied within said fifteen (15) day period, and if Tenant shall not have diligently commenced during such default within such fifteen (15) day period, if Tenant does and shall not commence such curing within such (this shall be fifteen, if no other number is filled in) days and thereafter proceed with reasonable diligence and in good faith faith, proceed to remedy or cure such default), then Lessor Owner may terminate serve a written three (3) days' notice of cancellation of this Lease upon tenant, and upon the expiration of said three (3) days, this Lease and all rights of Lessee under this Lease by such written notice. If it so terminates on the date specified in such notice the term thereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this Lease shall terminate, and the term thereof and Tenant shall then quit and surrender the Real Property Demised Premises to LessorOwner, but Tenant shall remain liable as hereinafter provided. If the notice provided above shall have been given, and the term shall expire as aforesaid; or if Tenant shall make default in the payment of the rent reserved herein or any item of additional rent herein mentioned or any part of either or in making any other payment herein required and such default remains uncured for ten 10) days after written notice from Landlord; then and in any such events Owner may without notice re-enter the Demised Premises either by force or otherwise, and dispossess Tenant by summary proceedings or otherwise, and the legal representative of Tenant or other occupant of Demised Premises and remove their effects and hold the Premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or institute legal proceedings to that end. If Tenant shall make default hereunder beyond the expiration of the applicable grace period prior to the date fixed as the commencement of any renewal or extension of this Lease, Owner may cancel and terminate such renewal or extension Agreement by written notice. If this Lease shall have been so terminated by LessorLessor pursuant to Paragraph 15 or 16 hereof, Lessor may may, at any time thereafter thereafter, resume possession of the Real Property Premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this LeaseIF LANDLORD IS REQUIRED TO PROCESS FOR COLLECTION OR POSSESSION OR IS CAUSED TO EXPEND LEGAL RESOURCES AS A RESULT OF LESSEE'S DEFAULT UNDER THIS LEASE, Lessor may recover from Tenant: (a) The worth at the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform its obligations under this LeaseTHEN LESSEE SHALL BE RESPONSIBLE FOR ALL REASONABLE LEGAL FEES AND COSTS AS A RESULT OF SAID DEFAULT.
Appears in 1 contract
Samples: Lease (Global Sources LTD)
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor covenant's hereof the lessor may give Tenant lessee notice of such default and if Tenant If lessee does not cure any such default within (this shall be fifteen, if no other number is filled in) seven days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant lessee does not commence such curing within such (this shall be fifteen, if no other number is filled in) seven days and thereafter proceed with reasonable diligence and in good faith to cure such default), the default then Lessor the lessor may terminate this Lease and all rights of Lessee under this Lease by such written notice. If it so terminates lease on not less than seven days notice to the lessee.On the date specified in such notice the term of this Lease lease shall terminate, terminate and Tenant then the lessee shall then quit and surrender the Real Property premises to Lessor, lessor but Tenant the lessee shall remain liable as hereinafter provided. If this Lease this Iease shall have been so terminated by Lessor, Lessor lessor,lessor may at any time thereafter resume possession of the Real Property premises by any lawful means and remove Tenant lessee or other occupants and their effects. No , no failure to enforce any term shall be deemed a waiverdeemed. No act SECURITY DEPOSIT, lessee shall deposit with lessor on signing of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate lease the Lease. In sum of $750.00 dollars for the event Lessor elects to terminate performance lessee's obligations under this Leaselease including without limitation, Lessor may recover from Tenant: (a) The worth at the time surrender of award of any unpaid rent that had been earned at the time of termination possession of the Lease; (b) The worth at the time of award premises to lessor as herein provided, If lessor applies any part of the amount by which the unpaid rent that would have been earned after termination deposit to cure any default of the Lease until the time of award exceeds lessee, lessor shall on demand deposit with Lessor the amount of rental loss so applied, so that Tenant proves could lessor shall have been reasonably avoided; (c) The worth the full deposit on hand at the time of award of the amount by which the unpaid rent for the balance of all times the term of this lease after At the time signature of award exceeds this present Lease agreement by both parties the tenant will also pay the first and the last months rent together with the rent deposit for a total of three months rent. In the event there is any tax increase during the term of this lease in the City or County or estate taxes over and above the amount of rental loss such taxes assessed the tax year during which the term of this lease commences whether because of increased rate or valuation lessee upon presentation of paid tax bills an amount equal 50% of the increase in taxes upon the land and building in which the leased premises are situated In the event that Tenant proves could taxes are accessed for a tax year extending beyond the term of this lease the oblIgation of Lessee shall be reasonably avoided; proportionate portion Of the lease term included in such year COMMON AREA EXPENSES In the event the demised premises are situated in a shopping center or in a commercial building in which there are common areas, Lessee agrees to pay his pro-rated share maintainance taxes and (d) Any other amount necessary to compensate Lessor insurance for all detrimental proximately caused by Tenant’s failure to perform its obligations under this Leasethe common area.
Appears in 1 contract
Samples: Commercial Lease (Invicta Group Inc)
Lessor's Remedies on Default. If Tenant defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Tenant notice of such default and if Tenant does not cure any such default within 30 days (this shall be fifteen, if no other number is filled in) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such curing within such 30 days (this shall be fifteen, if no other number is filled in) days and thereafter proceed with reasonable diligence and good faith to cure such default), then Lessor may terminate this Lease and all rights of Lessee ofLessee under this Lease by such written notice. If it so terminates on the date specified in such notice the term of this Lease shall terminate, and Tenant shall then quit and surrender the Real Property to Lessor, but Tenant shall remain liable as hereinafter provided. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property by any lawful means and remove Tenant or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the LeaseI ease. In the event Lessor elects to terminate this Lease, Lessor may recover from Tenant: (a) The worth at the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the ofthe term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s 's failure to perform its obligations under this Lease.
Appears in 1 contract
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Tenant Lessee notice of such default and if Tenant Lessee does not cure any such default within five (this shall be fifteen, if no other number is filled in5) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant Lessee does not commence such curing within such five (this shall be fifteen, if no other number is filled in5) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease and all rights of Lessee under this Lease by such written noticelease on not less than five (5) days' notice to Lessee. If it so terminates on On the date specified in such notice the term of this Lease lease shall terminate, and Tenant Lessee shall then quit and surrender the Real Property premises to Lessor, but Tenant Lessee shall remain liable as hereinafter provided. If this Lease lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act If the premises shall be abandoned during the term or if Lessee shall be evicted from said premises by summary proceedings or otherwise, or in the event of the commencement of any bankruptcy proceedings by or against Lessee which are not discharged or dismissed within thirty (30) days, or upon the happening of any event of default as provided above, Lessor may at its election terminate this lease (in which event Lessor shall be construed as terminating this Lease except written notice given by Lessor entitled to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Leaserecover damages for any such default), or Lessor may recover from Tenant: (a) The worth reenter the same by force or otherwise, without being liable for prosecution therefor, and may re-let the premises at any time as agent of Lessee, applying any monies collected first to costs, fees and expenses of collecting, then to the time expense of award of any unpaid rent that had been earned at obtaining possession, then to the time of termination payment of the Leaserent and all other sums owing and to become owing Lessor and paying any surplus thereof to Lessee; (b) The worth at the time of award of the amount by which the unpaid and such reentry and re-letting shall not discharge Lessee from liability for rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term or from any other covenant of this lease after the time of award exceeds the amount of rental loss that Tenant proves could by Lessee to be reasonably avoided; kept and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform its obligations under this Leaseperformed.
Appears in 1 contract
Samples: Lease (Casino Resource Corp)
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, . Lessor may give Tenant Lessee notice of such default and if Tenant Lessee does not cure any such default within (this shall be fifteen, if no other number is filled in) 30 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant Lessee does not commence such curing within such (this shall be fifteen, if no other number is filled in) 30 days and thereafter proceed with reasonable diligence and in good faith to cure such default), then the Lessor may terminate this Lease and all rights of Lessee under this Lease by such written noticeon not less than 30 days’ notice to Lessee. If it so terminates on On the date specified in such notice the term of this Lease shall terminate, and Tenant Lessee shall then quit and surrender the Real Property premises to Lessor, but Tenant Lessee shall remain liable as hereinafter provided. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure to enforce any term SECURITY DEPOSIT. Lessee shall be deemed a waiver. No act deposit with Lessor on the signing of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In sum of Six hundred and NO/100 - ($600.00) - DOLLARS as security for the event Lessor elects to terminate performance of Lessee’s obligations under this Lease, Lessor may recover from Tenant: (a) The worth at including without limitation the time surrender of award of any unpaid rent that had been earned at the time of termination possession of the Lease; (b) The worth at the time of award premises to Lessor as herein provided. If Lessor applies any part of the amount by which the unpaid rent that would have been earned after termination deposit to cure any default of the Lease until the time of award exceeds Lessee, Lessee shall on demand deposit with Lessor the amount of rental loss so applied so that Tenant proves could Lessor shall have been reasonably avoided; (c) The worth the full deposit on hand at the time of award of the amount by which the unpaid rent for the balance of all times during the term of this lease after Lease. ATTORNEY’S FEES. In case suit should be brought for recovery of the time premises, or for any sum due hereunder, or because of award exceeds any act which may arise out of the amount possession of rental loss that Tenant proves could the premises, by either party, the prevailing party shall be reasonably avoided; and (d) Any other amount necessary entitled to compensate Lessor for all detrimental proximately caused by Tenantcosts incurred in connection with such action, including a reasonable attorney’s failure to perform its obligations under this Leasefee.
Appears in 1 contract
Samples: Lectec Corp /Mn/
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rentFixed Basic Rent, or any additional rentAdditional Rent, or defaults in the performance of any of the other covenants and conditions hereof or conditions hereofpermits the Premises to become deserted, abandoned or vacated, Lessor may give Tenant Lessee notice of such default default, and if Tenant Lessee does not cure any such Fixed Basic Rent or Additional Rent default within ten (this shall be fifteen, if no 10) days or other number is filled indefault within thirty (30) days, days after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant Lessee does not commence such curing within such thirty (this shall be fifteen, if no other number is filled in30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease on not less than ten (10) days' notice to Lessee, and all rights of Lessee under this Lease by such written notice. If it so terminates on the date specified in such notice said notice, Lessee's right to possession of the term of this Lease Premises shall terminate, and Tenant shall then quit and surrender the Real Property to Lessor, cease but Tenant Lessee shall remain liable as hereinafter provided. If this Lease shall have been so terminated by LessorLessor pursuant to Articles 12 or 13 hereof, Lessor may at any time thereafter resume possession of the Real Property Premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure Lessee shall pay to enforce Lessor, within thirty (30) days after demand and delivery of reasonable documentation therefor, such actual out-of-pocket reasonable expenses as Lessor may incur, including, without limitation, court costs and reasonable attorney's fees and disbursements, in enforcing the performance of any term obligation of Lessee under this Lease. Notwithstanding anything contained herein, Lessee's vacating of the Premises shall not be deemed a waiver. No act default of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, if Lessee submits to Lessor may recover from Tenant: (a) The worth at then current financial statements, certified by Lessee's chief financial officer or a certified public accountant, evidencing to Lessor's reasonable satisfaction, that Lessee has the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary financial resources to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform meet its obligations under this Lease.
Appears in 1 contract
Samples: Lease (Barr Laboratories Inc)
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rentFixed Basic Rent, or any additional rentAdditional Rent, or defaults in the performance of any of the other covenants and conditions hereof or conditions hereofpermits the Premises to become deserted, abandoned or vacated, Lessor may give Tenant Lessee notice of such default default, and if Tenant Lessee does not cure any such Fixed Basic Rent or Additional Rent default within ten (this shall be fifteen, if no 10) days or other number is filled indefault within twenty (20) days, days after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant Lessee does not commence such curing within such twenty (this shall be fifteen, if no other number is filled in20) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease on not less than ten (10) days notice to Lessee, and all rights of Lessee under this Lease by such written notice. If it so terminates on the date specified in such notice said notice, Lessee's right to possession of the term of this Lease Premises shall terminate, and Tenant shall then quit and surrender the Real Property to Lessor, cease but Tenant Lessee shall remain liable as hereinafter provided. If this Lease shall have been so terminated by LessorLessor pursuant to Articles 12 or 13 hereof, Lessor may at any time thereafter resume possession of the Real Property Premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure Lessee shall pay to enforce Lessor, within thirty (30) days after demand, such actual out-of-pocket reasonable expenses as Lessor may incur, including, without limitation, court costs and reasonable attorney's fees and disbursements, in enforcing the performance of any term obligation of Lessee under this Lease. Notwithstanding anything contained herein, Lessee's vacating, deserting or abandoning of the Premises shall not be deemed a waiver. No act default of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, if Lessee submits to Lessor may recover from Tenant: (a) The worth at then current financial statements, certified by Lessee's chief financial officer or an independent certified public accountant, evidencing to Lessor's reasonable satisfaction, that Lessee has the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and (d) Any other amount necessary financial resources to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform meet its obligations under this Lease.
Appears in 1 contract
Samples: Lease (Alteon Inc /De)
Lessor's Remedies on Default. If Tenant Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Tenant Lessee notice of such default and if Tenant Lessee does not cure any such default within five (this shall be fifteen, if no other number is filled in5) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant Lessee does not commence such curing within such five (this shall be fifteen, if no other number is filled in5) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease and all rights of Lessee under this Lease by such written noticelease on not less than five (5) days' notice to Lessee. If it so terminates on On the date specified in such notice the term of this Lease lease shall terminate, and Tenant Lessee shall then quit and surrender the Real Property premises to Lessor, but Tenant Lessee shall remain liable as hereinafter provided. If this Lease lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property premises by any lawful means and remove Tenant Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. No act If the premises shall be abandoned during the term or if Lessee shall be evicted from aid premises by summary proceedings or otherwise, or in the event of the commencement of any bankruptcy proceedings by or against Lessee which are not discharged or dismissed within thirty (30) days, or upon the happening of any event of default as provided above, Lessor may at its election terminate this lease (in which event Lessor shall be construed as terminating this Lease except written notice given by Lessor entitled to Tenant advising Tenant that Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Leaserecover damages for any such default), or Lessor may recover from Tenant: (a) The worth reenter the same by force or otherwise, without being liable for prosecution therefore, and may re-let the premises at anytime as agent of Lessee, applying any monies collected first to costs, fees and expenses of collecting, then to the time expense of award of any unpaid rent that had been earned at obtaining possession, then to the time of termination payment of the Leaserent and all other sums owing and to become owing Lessor and paying any surplus thereof to Lessee; (b) The worth at the time of award of the amount by which the unpaid and such reentry and re-letting shall not discharge Lessee from liability for rent that would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term or from any other covenant of this lease after the time of award exceeds the amount of rental loss that Tenant proves could by Lessee to be reasonably avoided; kept and (d) Any other amount necessary to compensate Lessor for all detrimental proximately caused by Tenant’s failure to perform its obligations under this Leaseperformed.
Appears in 1 contract