Common use of Lessor’s Remedies Clause in Contracts

Lessor’s Remedies. In case of the non-payment of the rent reserved hereby, or any part thereof, or of the breach of any covenant in this Lease contained, LESSEE'S right to the possession of the Leased Premises thereupon shall terminate, and the mere retention of possession thereafter by LESSEE shall constitute a forcible detainer of the Leased Premises; and if the LESSOR so elects, but not otherwise, this Lease shall thereupon terminate and upon the termination of LESSEE'S right of possession, as aforesaid, LESSEE shall surrender possession of the Leased Premises immediately, and LESSEE hereby grants to LESSOR full free license to enter into and upon the Leased Premises or any part thereof, to take possession thereof and to expel and to remove LESSEE or any other person who may be occupying the Leased Premises or any part thereof and LESSOR may re-possess itself of the Leased Premises but such entry of the Leased Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue hereof, nor a waiver of any covenant, agreement or promise in this Lease contained to be performed by LESSEE. The acceptance of rent, whether in a single instance or repeatedly, after it falls due or after knowledge of any breach hereof by LESSEE or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of any right hereby given LESSOR or as an election not to proceed under the provisions of this Lease. For the purpose of this paragraph, no default shall be deemed to have occurred until said violation or breach has existed for ten (10) days and LESSEE shall have fifteen (15) days after receipt of written notice from LESSOR of the violation or breach within which to cure or correct the same. In the event LESSEE so cures any such default within said period this Lease shall remain in full force and effect.

Lessor’s Remedies. In the event of default by Lessee hereunder which shall remain uncured after ten (10) days notice of the default, or five (5) days in the case of the non-payment nonpayment of the rent reserved hereby, or any part thereofother sum due hereunder, with or without notice of default from Lessor, Lessor may at once thereafter or at any time subsequently during the existence of such breach of any covenant in this Lease contained, LESSEE'S right to the possession of the Leased Premises thereupon shall terminate, and the mere retention of possession thereafter by LESSEE shall constitute a forcible detainer of the Leased Premises; and if the LESSOR so elects, but not otherwise, this Lease shall thereupon terminate and upon the termination of LESSEE'S right of possession, as aforesaid, LESSEE shall surrender possession of the Leased Premises immediately, and LESSEE hereby grants to LESSOR full free license to or default: (1) enter into and upon the Leased Premises or any part thereof, to take possession thereof and to expel and to remove LESSEE or any other person who may be occupying the Leased Premises premises or any part thereof and LESSOR repossess the same, expelling and removing therefrom all persons and property (which property may be removed and stored at the cost of, and for the account of Lessee), and (2) either (a) terminate this Lease, holding Lessee for damages for its breach or (b) without terminating this Lease, re-possess itself let the premises or any part thereof upon such terms and conditions as shall appear advisable to Lessor. If Lessor shall proceed in accordance with the last-mentioned alternative (b), and the amounts received from re-letting of the Leased Premises but premises during any month or part thereof shall be less than the rent due and owing from Lessee during such entry of the Leased Premises shall not constitute a trespass month or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue hereof, nor a waiver of any covenant, agreement or promise in this Lease contained to be performed by LESSEE. The acceptance of rent, whether in a single instance or repeatedly, after it falls due or after knowledge of any breach hereof by LESSEE or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of any right hereby given LESSOR or as an election not to proceed part thereof under the provisions terms of this Lease, Lessee shall pay such deficiency to Lessor immediately upon calculation thereof. For Notwithstanding the purpose foregoing, any default (except failure to pay rent or any other amount due hereunder) the curing of this paragraph, no default which shall be deemed to have occurred until said violation or breach has existed for actually require more than ten (10) days and LESSEE because of any cause beyond Lessee’s control, shall be deemed cured by Lessee if Lessee shall have fifteen (15) days after receipt of written notice from LESSOR of the violation or breach within which commenced to cure or correct the same. In the event LESSEE so cures any such said default within the ten (10) day period and shall thereafter have successfully prosecuted the curation of said period this Lease shall remain in full force and effectdefault with all due diligence.

Lessor’s Remedies. In case If any Event of Default occurs, Lessor shall have the right, at the option of Lessor, to terminate this Lease upon three (3) days written notice to Lessee, and thereupon to re-enter and take possession of the nonPremises. If any Event of Default occurs, Lessor shall further have the right, at its option, from time to time, without terminating this Lease, to re-payment of enter and relet the rent reserved herebyPremises, or any part thereof, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such re-letting and collection including, but not limited to, necessary renovation and alterations of the breach Premises, reasonable attorneys' fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due to Lessor hereunder, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, (i) at Lessor's option, Lessee shall pay Lessor any deficiency immediately upon demand therefor, and Lessor may bring an action therefor as such deficiency shall arise, or (ii) at Lessor's option, the present value of the entire deficiency, which is subject to ascertainment for the remaining Term of this Lease, less the amount Lessee proves could have been reasonably avoided by Lessor, shall be immediately due and payable by Lessee. Lessor shall not, in any event, be required to pay Lessee any surplus of any covenant sums received by Lessor on a re-letting of the Premises in excess of the Rent provided in this Lease containedLease. If any Event of Default occurs, LESSEE'S Lessor, in addition to other rights and remedies it may have, shall have the right in accordance with applicable law to remove all or any part of Lessee's property from the Premises and any property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of, Lessee, and Lessor shall not be responsible for the care or safekeeping thereof whether in transport, storage or otherwise, and Lessee hereby waives any and all claims against Lessor for loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession of the Leased Premises thereupon by Lessor shall terminate, and the mere retention of possession thereafter by LESSEE shall constitute a forcible detainer of the Leased Premises; and if the LESSOR so elects, but not otherwise, this Lease shall thereupon terminate and upon the termination of LESSEE'S right of possession, as aforesaid, LESSEE shall surrender possession of the Leased Premises immediately, and LESSEE hereby grants to LESSOR full free license to enter into and upon the Leased Premises or any part thereof, to take possession thereof and to expel and to remove LESSEE or any other person who may be occupying the Leased Premises or any part thereof and LESSOR may re-possess itself of the Leased Premises but such entry of the Leased Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue hereof, nor a waiver of any covenant, agreement or promise in this Lease contained to be performed by LESSEE. The acceptance of rent, whether in a single instance or repeatedly, after it falls due or after knowledge of any breach hereof by LESSEE or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of any right hereby given LESSOR or as an election not on Lessor's part to proceed under the provisions of terminate this Lease. For the purpose of this paragraph, no default shall be deemed to have occurred until said violation or breach has existed for ten (10) days and LESSEE shall have fifteen (15) days after receipt of Lease unless a written notice from LESSOR of the violation or breach within which such intention is given to cure or correct the sameLessee. In the event LESSEE so cures Notwithstanding any such default within said period re-letting without termination, Lessor may at all times thereafter elect to terminate this Lease shall remain in full force and effectfor such previous Event of Default. Notwithstanding anything to the contrary contained herein, Lessor agrees to use reasonable efforts to mitigate its damages following the occurrence of an Event of Default.

Lessor’s Remedies. In case If: (a) Lessee does not pay in full when due any and all installments of the non-payment of the rent reserved hereby, or any part thereof, or of the breach of any covenant in this Lease contained, LESSEE'S right to the possession of the Leased Premises thereupon shall terminate, and the mere retention of possession thereafter by LESSEE shall constitute a forcible detainer of the Leased Premises; and if the LESSOR so elects, but not otherwise, this Lease shall thereupon terminate and upon the termination of LESSEE'S right of possession, as aforesaid, LESSEE shall surrender possession of the Leased Premises immediately, and LESSEE hereby grants to LESSOR full free license to enter into and upon the Leased Premises or any part thereof, to take possession thereof and to expel and to remove LESSEE Fixed Rent or any other person who may be occupying the Leased Premises charge or payment whether or not herein included as rent; or (b) Lessee violates or fails to perform or otherwise breaks any covenant or condition herein contained or any part thereof other obligation imposed upon Lessee and LESSOR may re-possess itself of the Leased Premises but such entry of the Leased Premises shall not constitute a trespass or forcible entry or detainerbreach, nor shall it cause a forfeiture of rents due by virtue hereof, nor a waiver of any covenant, agreement or promise in this Lease contained to be performed by LESSEE. The acceptance of rent, whether in a single instance or repeatedly, after it falls due or after knowledge of any breach hereof by LESSEE or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of any right hereby given LESSOR or as an election not to proceed under the provisions of this Lease. For the purpose of this paragraph, no default shall be deemed to have occurred until said violation or breach has existed failure continues for ten thirty (10) days and LESSEE shall have fifteen (1530) days after receipt of written notice thereof from LESSOR Landlord, provided that if such breach, violation or failure is not susceptible of being cured or corrected within the aforesaid thirty (30) day period, then if Tenant shall have commenced such cure within the aforesaid thirty (30) day period and diligently and continuously prosecutes same to completion, Tenant shall have such additional time (not to exceed sixty (60) days in the aggregate) as Tenant may reasonably require to complete such cure; or (c) Lessee becomes insolvent in any sense or makes an assignment for the benefit of creditors , or if a petition in bankruptcy or for reorganization or for an arrangement with creditors under any federal or state act is filed by or against Lessee, and such petition or proceeding is not dismissed within sixty (60) days or if a bxxx in equity or other proceeding is filed in any court for the appointment of a receiver, trustee, liquidator, custodian, conservator or similar official for any of Lessee’s assets, or if any of the violation real or breach within which to cure personal property of Lessee shall be levied upon by any sheriff, marshal, or correct the same. In the event LESSEE so cures constable; then Tenant shall be in default, and in any such default within said period this Lease event, Lessor shall remain in full force and effect.have the following rights:

Lessor’s Remedies. In case the event of (i) a default under this Lease by Lessee pursuant to Section 9.1(c) or 9.1(d), (ii) if Lessor makes the non-payment of the rent reserved herebyLD Payment, or (iii) if Lessee has not operated the Refinery for six consecutive months for any part thereofreason other than due to Force Majeure or during periods of reconstruction due to casualty or condemnation which is being performed in compliance with this Agreement, Lessor may, at Lessor’s option, at any time thereafter that such default or of the breach of any covenant in remains uncured, without further notice or demand, terminate this Lease contained, LESSEE'S and Lessee’s right to the possession of the Leased Premises thereupon and forthwith repossess the Premises by any lawful means in which event Lessee shall terminate, and the mere retention of possession thereafter by LESSEE shall constitute a forcible detainer of the Leased Premises; and if the LESSOR so elects, but not otherwise, this Lease shall thereupon terminate and upon the termination of LESSEE'S right of possession, as aforesaid, LESSEE shall immediately surrender possession of the Leased Premises immediatelyto Lessor (but only in the case of Section 9.1(c) or 9.1(d) or if Lessor makes the LD Payment, or if Lessee has not operated the Refinery for six consecutive months for any reason other than due to Force Majeure or during periods of reconstruction due to casualty or condemnation which is being performed in compliance with this Agreement). Lessor specifically waiving its right to terminate this Lease or Lessee’s right to possession hereunder otherwise); and any such action on the part of Lessor shall be in addition to any other remedy that may be available to Lessor for arrears of rentals or breach of contract or otherwise including the right of setoff. The written declaration by Lessor of a default under or breach of the terms of this Lease by Lessee under Sections 9.1(a) or (b) shall also constitute a written notice pursuant to Section 12.9(b) invoking the dispute resolution procedures. In connection with a default or breach by Lessee under Sections 9.1(a) or (b), pending the completion of the dispute resolution procedures set forth in Section 12.9, (a) Lessor shall not exercise any remedies, except as otherwise set forth in this Section 9.2 or in Section 12.9, and LESSEE hereby grants (b) neither Party may terminate this Lease. Each Party shall have an obligation to LESSOR full free license use commercially reasonable efforts to enter into and upon mitigate damages arising out of breach by the Leased Premises or any part thereof, to take possession thereof and to expel and to remove LESSEE or any other person who may be occupying the Leased Premises or any part thereof and LESSOR may re-possess itself of the Leased Premises but such entry of the Leased Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue hereof, nor a waiver of any covenant, agreement or promise in this Lease contained to be performed by LESSEE. The acceptance of rent, whether in a single instance or repeatedly, after it falls due or after knowledge of any breach hereof by LESSEE or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of any right hereby given LESSOR or as an election not to proceed under the provisions Party of this Lease. For If, by the purpose terms of this paragraphLease, no default Lessee is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessor, after 10 days written notice to Lessee, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessee’s expense, or pay such sum for and on behalf of Lessee, and the amounts so expended by Lessor shall be deemed repayable on demand, and bear interest from the date expended by Lessor until paid at a rate equal to have occurred the lesser of (a) the prime rate as published by The Wall Street Journal from time to time in effect or (b) the maximum non-usurious rate of interest permitted to be charged Lessee under applicable Law (the “Post-Maturity Rate”). Past due rentals and any other past due payments required hereunder shall bear interest from maturity until said violation or breach has existed for ten (10) days and LESSEE shall have fifteen (15) days after receipt of written notice from LESSOR of paid at the violation or breach within which to cure or correct the same. In the event LESSEE so cures any such default within said period this Lease shall remain in full force and effectPost-Maturity Rate.

Lessor’s Remedies. In case of Notwithstanding anything to the non-payment of the rent reserved hereby, or any part thereof, or of the breach of any covenant contrary in this Lease containedLease, LESSEE'S right to Lessor shall not exercise any remedy that would dispossess either the tenant-in-possession of the Leased Premises thereupon Property or Lessee without the prior written consent of the Lessee and in the event of Lessee's default, Lessor shall terminatenot pursue any remedy which would result in termination of this Lease unless such event of default has continued uncured for a period of ninety (90) days. If Lessee commits a default under any loan which is secured against the Property, and such default is not fully cured within the mere retention of possession thereafter by LESSEE thirty (30) day period provided for in Section 10.2.2, above, Lessor shall constitute a forcible detainer of have the Leased Premises; and if the LESSOR so elects, right (but not the obligation) to cure such default (by payment of money or otherwise) as necessary to reinstate such loan, this Lease in order to protect Lessor's interest in the Property. All sums incurred by Lessor in connection with curing such loan default of Lessee (including attorneys' fees and other professional costs) shall thereupon terminate and be paid or reimbursed to Lessor upon the termination of LESSEE'S right of possessionLessor's demand, as aforesaid, LESSEE shall surrender possession of the Leased Premises immediately, and LESSEE hereby grants to LESSOR full free license to enter into and upon the Leased Premises or any part thereof, to take possession thereof and to expel and to remove LESSEE or any other person who may be occupying the Leased Premises or any part thereof and LESSOR may re-possess itself of the Leased Premises but such entry of the Leased Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue hereof, nor a waiver of any covenant, agreement or promise in this Lease contained to be performed by LESSEE. The acceptance of rent, whether in a single instance or repeatedly, after it falls due or after knowledge of any breach hereof by LESSEE or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of any right hereby given LESSOR or as an election not to proceed additional Rent under the provisions of this Lease. For Subject to the purpose terms of this paragraphSection 10.3, no default Lessor shall be deemed entitled to have occurred until said violation enforce all of Lessor's rights and remedies now or breach has existed hereafter available in equity and at law for ten (10) days and LESSEE shall have fifteen (15) days after receipt of written notice from LESSOR Lessee's default under this Lease provided that the subtenant is not dispossessed thereby, including without limitation, the remedies described in the Statutes of the violation State of Colorado to recover the Rent as it becomes due (lessor may continue the lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has the right to sublet or breach within which assign, subject only to cure reasonable limitations). Lessor's remedies shall be cumulative and the exercise of any one or correct the same. In the event LESSEE so cures more shall not prevent it from exercising any such default within said period this Lease shall remain in full force and effectother right or remedy for Lessee's default.

Lessor’s Remedies. In case of the non-payment of the rent reserved hereby, or any part thereof, or of the breach event of any covenant in this Lease containeddefault by Lessee under Section 11.1 hereof, LESSEE'S right to Lessor may at once thereafter or at any time subsequently during the possession existence of the Leased Premises thereupon shall terminatesuch breach or default, and the mere retention of possession thereafter by LESSEE shall constitute a forcible detainer of the Leased Premises; and if the LESSOR so elects, but not otherwise, this Lease shall thereupon terminate and upon the termination of LESSEE'S right of possession, as aforesaid, LESSEE shall surrender possession of the Leased Premises immediately, and LESSEE hereby grants to LESSOR full free license to (i) enter into and upon the Leased Premises or any part thereof, to take possession thereof and to expel and to remove LESSEE or any other person who may be occupying the Leased Demised Premises or any part thereof and LESSOR repossess the same, expelling and removing therefrom all persons and property (which property may be removed and stored at the cost of, and for the account of Lessee), and (ii) either (a) terminate this Lease, holding Lessee for damages for Lessee’s breach (after Lessor exercises commercially reasonable efforts to mitigate its damages) or (b) without terminating this Lease, re-possess itself let the Demised Premises or any part hereof upon such terms and conditions as shall appear advisable to Lessor. If Lessor elects to re-let the Demised Premises, and the amounts received from re-letting of the Leased Demised Premises but during any month or part thereof be less than the rent due and owing from Lessee during such entry of the Leased Premises shall not constitute a trespass month or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue hereof, nor a waiver of any covenant, agreement or promise in this Lease contained to be performed by LESSEE. The acceptance of rent, whether in a single instance or repeatedly, after it falls due or after knowledge of any breach hereof by LESSEE or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except an express written waiver, shall not be construed as a waiver of any right hereby given LESSOR or as an election not to proceed part thereof under the provisions terms of this Lease, Lessee shall pay such deficiency to Lessor immediately upon calculation thereof. For Notwithstanding the purpose foregoing, any default (except failure to pay rent or any other amount due hereunder) the curing of this paragraphwhich shall actually require more than thirty (30) days because of any cause beyond Lessee’s control, no default shall be deemed to have occurred until said violation or breach has existed for ten (10) days and LESSEE cured by Lessee if Lessee shall have fifteen (15) days after receipt of written notice from LESSOR of the violation or breach within which commenced to cure or correct the same. In the event LESSEE so cures any such said default within the thirty (30) day period and shall thereafter have successfully prosecuted the curation of said period this Lease shall remain in full force and effectdefault with all due diligence.