Common use of LIABILITY OF TENANT FOR DEFICIENCY Clause in Contracts

LIABILITY OF TENANT FOR DEFICIENCY. In the event that this Lease shall terminate by reason of the re-entry of the Landlord under the terms and conditions contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent which accrued subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, the difference between the rent reserved and the rent collected and received, if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent herein reserved and the rent collected, if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained, provided such damages are permitted by law applicable in this jurisdiction. Tenant shall be entitled to a credit for any prepaid rent paid hereunder.

Appears in 4 contracts

Samples: Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (Sungard Capital Corp Ii), Agreement (Sungard Data Systems Inc)

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LIABILITY OF TENANT FOR DEFICIENCY. In the event that this Lease shall the relation of the Landlord and Tenant may cease or terminate by reason of the uncured default by the Tenant and the re-entry of the Landlord under as permitted by the terms and conditions contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwiseother judicial proceedings, or after the abandonment of the leased premises by the Tenant without continuing to pay rent when due and the performance of its obligations under this lease, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent which accrued shall accrue subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, contained the difference between the rent reserved and the rent collected and received, if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent herein reserved and the rent collected, if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts amount of such difference or deficiency shall from time to time be ascertained. Anything herein contained to the contrary notwithstanding, provided such damages are permitted the rent referred to shall include the stated Fixed Rent, together with all additional rent and charges required to be paid by law applicable in this jurisdiction. the Tenant shall be entitled to a credit for any prepaid rent paid hereunderunder the lease including, but not limited to, taxes and insurance costs, and the reasonable costs of re-renting.

Appears in 1 contract

Samples: Agreement (Andrx Corp)

LIABILITY OF TENANT FOR DEFICIENCY. In the event that this Lease shall the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord under the terms terror and conditions contained in this lease Lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent which accrued subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, contained the difference between the rent reserved and the rent collected and receivedreceived (after deducting costs and expenses), if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent reserved herein reserved and the rent collected, if any, shall become became due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained, provided such damages are permitted by law applicable in this jurisdiction. Tenant shall be entitled to a credit for any prepaid rent paid hereunder.

Appears in 1 contract

Samples: Agreement (Gutbusters Pty LTD)

LIABILITY OF TENANT FOR DEFICIENCY. In addition to Landlord's rights heretofore provided in Article 22, in the event that this Lease shall the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry default by the Tenant and the reentry of the Landlord under as permitted by the terms and conditions contained in this lease Lease or by the ejectment of the Tenant by summary proceedings or otherwiseother judicial proceedings, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent Annual Basic Rent and Additional Rent which accrued shall accrue subsequent to the re-entry reentry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, contained the difference between the rent Annual Basic Rent and Additional Rent reserved and the then Fair Market Rental Value of the Premises or actual rent collected and received, if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent herein reserved and the rent collected, if any, shall become due and payable in monthly payments during the remainder of the unexpired termTerm, as the amounts amount of such difference or deficiency shall from time to time be ascertained, provided such damages are permitted by law applicable in this jurisdiction. Tenant shall be entitled to a credit for any prepaid rent paid hereunder.

Appears in 1 contract

Samples: Lease Agreement (Computer Outsourcing Services Inc)

LIABILITY OF TENANT FOR DEFICIENCY. In the event that this Lease shall the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord under the terms and conditions contained in this lease Lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent which accrued subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, contained the difference between the rent reserved and the rent collected and receivedreceived (after deducting costs and expenses), if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent reserved herein reserved and the rent collected, if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained, provided such damages are permitted by law applicable in this jurisdiction. Tenant shall be entitled to a credit for any prepaid rent paid hereunder.

Appears in 1 contract

Samples: Lease Agreement (Parlux Fragrances Inc)

LIABILITY OF TENANT FOR DEFICIENCY. In the event that this Lease shall the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord under the terms and conditions contained in this lease Lease or by the ejectment of the Tenant by summary proceedings or otherwiseother judicial process, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent which accrued subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, contained the difference between the rent reserved and the rent collected and receivedreceived (after deducting costs and expenses), if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent reserved herein reserved and the rent collected, if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained. Notwithstanding anything to the contrary contained herein, provided such damages are permitted by law applicable in this jurisdiction. Tenant shall be entitled have the right to a credit for any prepaid rent paid hereunderterminate this Agreement on ninety (90) days prior written notice pursuant to Section 2. 19.

Appears in 1 contract

Samples: Lease Agreement (New Brunswick Scientific Co Inc)

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LIABILITY OF TENANT FOR DEFICIENCY. In the event that this Lease shall the relation of the Landlord and Tenant may cease or terminate by reason of the default (beyond any applicable notice and cure periods) by the Tenant and the re-entry of the Landlord under as permitted by the terms and conditions contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwiseother judicial proceedings, or after the abandonment of the Leased Premises by the Tenant, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent which accrued shall accrue subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, contained the difference between the rent reserved and the rent collected and received, if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent herein reserved and the rent collected, if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts amount of such difference or deficiency shall from time to time be ascertained, provided such damages are permitted by law applicable in this jurisdiction. Tenant shall be entitled to a credit for any prepaid rent paid hereunder.

Appears in 1 contract

Samples: Lease Agreement (2bridge)

LIABILITY OF TENANT FOR DEFICIENCY. In the event that this Lease shall the relation of the Landlord and Tenant may cease or terminate by reason of the default by the Tenant and the re-entry of the Landlord under as permitted by the terms and conditions contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwiseother judicial proceedings, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent which accrued shall accrue subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, contained the difference between the rent reserved and the rent collected and received, if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent herein reserved and the rent collected, if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts amount of such difference or deficiency shall from time to time be ascertained. Anything herein contained to the contrary notwithstanding, provided such damages are permitted the rent referred to shall include the stated reserved rent together with all additional rent and charges required to be paid by law applicable in this jurisdiction. the Tenant shall be entitled under the lease including but not limited to a credit for any prepaid rent paid hereundertaxes and insurance costs, and the costs of re-renting.

Appears in 1 contract

Samples: Agreement (Brake Headquarters U S a Inc)

LIABILITY OF TENANT FOR DEFICIENCY. In the event that this Lease shall the relation of Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord under the terms and conditions contained in this lease Lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by Tenant, it is hereby agreed that the Tenant shall remain liable to pay in monthly payments the rent Rent which accrued accrues subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, contained the difference between the rent Rent reserved and the rent Rent collected and receivedreceived (after deducting costs and expenses), if any, by the Landlord, during the remainder of the unexpired term, and such difference or deficiency between the rent Rent reserved herein reserved and the rent Rent collected, if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained, . Landlord shall use commercially reasonable efforts to mitigate its damages in the event of any breach of this Lease by Tenant as expressly provided such damages are permitted by law applicable and subject to the exceptions set forth in this jurisdiction. Tenant shall be entitled to a credit for any prepaid rent paid hereunderparagraph 15(c) above.

Appears in 1 contract

Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)

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