Common use of Lessor’s Remedies Clause in Contracts

Lessor’s Remedies. Upon the occurrence and during the continuance of any LESSEE Default specified in Section 17.1, LESSOR may, at its option, terminate this Lease, in which case: (a) Neither LESSEE nor any person claiming through or under LESSEE shall be entitled to acquire or remain in possession of the Premises, and LESSOR shall have no further liability hereunder to LESSEE or any person claiming through or under LESSEE, and if LESSEE or any such person is in possession, LESSEE or any such person shall forthwith quit and surrender the Premises to LESSOR without further demand or notice, and LESSOR may lawfully enter the Premises, using such remedies as may be available under the law, and remove all persons and chattels therefrom and LESSOR shall not be liable for damages or otherwise by reason of re-entry or termination of this Lease or its terms; (b) LESSOR shall have the right of eviction and the right to invoke any remedy allowed at law or in equity as if re-entry, unlawful detainer proceedings and other remedies were not herein provided for; and (c) Notwithstanding anything contained herein to the contrary, the exercise of any remedy provided pursuant to this Lease or under law shall not deprive LESSOR of other actions against the LESSEE for possession or rent, and all such remedies are non-exclusive and can be exercised concurrently or separately as LESSOR desires.

Lessor’s Remedies. Upon the occurrence and during the continuance of any LESSEE Default specified in Section 17.1, LESSOR may, at its option, terminate this Lease, in which case: (a) Neither LESSEE nor any person claiming through Lessor may declare the then outstanding Financed ----------------- Amount to be immediately due and payable, and (i) retain all prior payments of Rent and the Equipment, or under LESSEE (ii) retain all prior payments of Rent and sell the Equipment at public or private sale with notice to Lessee, with or without having the Equipment at the sale, and the proceeds of such sale less expenses of retaking, storage, repairing and reasonable attorney's fees shall be entitled applied to acquire or remain in possession the then Financed Amount, Lessee remaining liable for the balance of the Premises, and LESSOR then outstanding Financed Amount. Lessee shall have no further liability hereunder to LESSEE or any person claiming through or under LESSEE, and if LESSEE or any such person is in possession, LESSEE or any such person shall forthwith quit and surrender the Premises to LESSOR without further demand or notice, and LESSOR may lawfully enter the Premises, using such remedies as may be available under the law, and remove all persons and chattels therefrom and LESSOR shall not be liable for damages any and all expenses Lessor may incur in connection with the enforcement of any of its remedies herein, including, but not limited to, collection costs, court costs, and reasonable attorney's fees and costs before, during, during and after trial and at all appellate or otherwise by reason of re-entry or termination of this Lease or its terms;bankruptcy proceedings. (b) LESSOR shall have the right All remedies of eviction Lessor hereunder are cumulative and the right to invoke any remedy allowed at law or in equity as if re-entry, unlawful detainer proceedings and other remedies were not herein provided for; and (c) Notwithstanding anything contained herein may to the contraryextent permitted by law be exercised concurrently or separately, and the exercise of any one remedy provided pursuant shall not be deemed to be an exclusive election of such remedy only or to preclude the exercise of any other remedy. No failure on the part of Lessor to exercise, and no delay in exercising any right or remedy hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise by Lessor of any right or remedy hereunder preclude any other or further exercise of any right or remedy under this Lease or under law shall not deprive LESSOR of other actions against the LESSEE for possession or rent, and all such remedies are non-exclusive and can be exercised concurrently or separately as LESSOR desirespermitted by applicable law.

Lessor’s Remedies. Upon In the occurrence and during the continuance case of any LESSEE Default specified in Section 17.1by Lessee hereunder, LESSOR Lessor may, at its optionany time thereafter, terminate this LeaseLease and retake possession of the Equipment and/or declare the entire amount of unpaid total rent for the balance of the term of this Lease due and payable, in which case: whereupon the same shall become immediately due and payable, and (a) Neither LESSEE nor any person claiming through retain all prior payments of rent and the Equipment, or under LESSEE (b) retain all prior payments of rent and sell the Equipment at public or private sale with notice to Lessee, with or without having the Equipment at the sale, and the proceeds of such sale, less expenses of retaking, storage, repairing and reasonable attorney's fees shall be entitled applied to acquire or remain in possession the payment of the Premisesunpaid total rent for the balance of the term of this Lease, and LESSOR Lessee remaining liable for the balance of the unpaid total rent. Lessee shall have no further liability hereunder to LESSEE or any person claiming through or under LESSEE, and if LESSEE or any such person is in possession, LESSEE or any such person shall forthwith quit and surrender the Premises to LESSOR without further demand or notice, and LESSOR may lawfully enter the Premises, using such remedies as may be available under the law, and remove all persons and chattels therefrom and LESSOR shall not be liable for damages any and all expenses Lessor may incur in connection with the enforcement of any of its remedies herein, including, but not limited to, collection costs, court costs, and reasonable attorney's fees and costs before, during and after trial and at all appellate or otherwise by reason bankruptcy proceedings. All remedies of re-entry or termination of this Lease or its terms; (b) LESSOR shall have the right of eviction Lessor hereunder are cumulative and the right to invoke any remedy allowed at law or in equity as if re-entry, unlawful detainer proceedings and other remedies were not herein provided for; and (c) Notwithstanding anything contained herein may to the contraryextent permitted by law be exercised concurrently or separately, and the exercise of any one remedy provided pursuant shall not be deemed to be an exclusive election of such remedy only or to preclude the exercise of any other remedy. No failure on the part of Lessor to exercise, and no delay in exercising any right or remedy hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise by Lessor of any right or remedy hereunder preclude any other or further exercise of any right or remedy under this Lease or under as permitted by applicable law shall not deprive LESSOR of other actions against the LESSEE for possession or rent, and all such remedies are non-exclusive and can be exercised concurrently or separately as LESSOR desiresin equity.