Common use of Limits of Tenant's Claims Clause in Contracts

Limits of Tenant's Claims. and Certain Provisions for ---------------------------------------------------- Benefit of Tenant ----------------- (a) The provisions of subparagraphs 21.1 and 21.2 and Article XVIII are subject to the following: (1) in no event shall Tenant be entitled to receive any excess of such net rents over the Annual Fixed Rental and Additional Rent payable hereunder; and (2) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (a) to a credit in respect of any net rents from a re-letting, except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit. (b) In the event that Landlord has been paid any monies by or on behalf of Tenant pursuant to subparagraph 21.1 above, and Landlord, within one (1) year thereafter, shall re-let the Leased Premises for the same period of time for which she received the said payment from or on behalf of Tenant pursuant to subparagraph 21.1 (b), then Landlord shall refund to Tenant (or to the payor on behalf of Tenant) the monies so received by Landlord pursuant to subparagraph 21.1 (b) above, which monies should have been paid by Tenant to Landlord but for such default, without interest and without further claim by ir on behalf of Tenant for any proceeds of the re-letting.

Appears in 2 contracts

Samples: Lease (Colonial Commercial Corp), Lease (Colonial Commercial Corp)

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Limits of Tenant's Claims. and Certain ------------------------------------- Provisions for ---------------------------------------------------- Benefit of Tenant ------------------------------------------------- (a) The provisions of subparagraphs 21.1 and 21.2 and Article XVIII are subject to the following: (1) in no event shall Tenant be entitled to receive any excess of such net rents over the Annual Fixed Rental and Additional Rent payable hereunder; and (2) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (a) to a credit in respect of any net rents from a re-letting, except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit. (b) In the event that Landlord has been paid any monies by or on behalf of Tenant pursuant to subparagraph 21.1 above, and Landlord, within one (1) year thereafter, shall re-let the Leased Premises for the same period of time for which she received the said payment from or on behalf of Tenant pursuant to subparagraph 21.1 (b), then Landlord shall refund to Tenant (or to the payor on behalf of Tenant) the monies so received by Landlord pursuant to subparagraph 21.1 (b) above, which monies should have been paid by Tenant to Landlord but for such default, without interest and without further claim by ir on behalf of Tenant for any proceeds of the re-letting.

Appears in 2 contracts

Samples: Lease (Colonial Commercial Corp), Lease (Colonial Commercial Corp)

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Limits of Tenant's Claims. and Certain ------------------------------------- Provisions for ---------------------------------------------------- Benefit of Tenant ------------------------------------------------- (a) The provisions of subparagraphs 21.1 and 21.2 and Article XVIII VIII are subject to the following: (1) in no event shall Tenant be entitled to receive any excess of such net rents over the Annual Fixed Rental and Additional Rent payable hereunder; and (2) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this subparagraph (a) to a credit in respect of any net rents from a re-letting, except to the extent that such net rents are actually received by Landlord prior to the commencement of such suit. (b) In the event that Landlord has been paid any monies by or on behalf of Tenant pursuant to subparagraph 21.1 above, and Landlord, within one (1) year thereafter, shall re-let the Leased Premises for the same period of time for which she received the said payment from or on behalf of Tenant pursuant to subparagraph 21.1 (b), then Landlord shall refund to Tenant (or to the payor on behalf of Tenant) the monies so received by Landlord pursuant to subparagraph 21.1 (b) above, which monies should have been paid by Tenant to Landlord but for such default, without interest and without further claim by ir on behalf of Tenant for any proceeds of the re-letting.

Appears in 1 contract

Samples: Lease (Colonial Commercial Corp)

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