Common use of Miscellaneous Default Provisions Clause in Contracts

Miscellaneous Default Provisions. The right to enforce all of the provisions of this Lease may, at the option of any assignee of Landlord’s rights in this Lease, be exercised by any such assignee. A. Any notation or statement by a party on any draft, check, or other method of payment of any obligation hereunder, or in any writing accompanying or accomplishing such payment, which notation or statement purports to impose conditions on such payment or to invoke the doctrine of accord and satisfaction, shall be absolutely void and of no effect, and may be ignored by the other party. B. No right or remedy herein conferred upon or reserved to a party is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Either party shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any covenant, agreement, condition or provision of this Lease and to a decree compelling performance of any covenant, agreement, condition or provision of this Lease, or to any other remedy allowed by law or in equity. C. No failure by a party hereto to insist upon the strict performance of any covenant, agreement, term or condition of this Lease on the part of the other party to be performed, or to exercise any permitted right or remedy consequent upon a default therein, and no acceptance of the other party’s performance or, in the case of Landlord, of Tenant’s payment of full or partial Rent after such default, shall constitute a waiver by the party not in default of such default or of such covenant, agreement, term or condition, or any right or remedy of the party not in default with respect thereto. D. If Landlord fails to perform any covenant on Landlord’s part to be performed under this Lease within thirty (30) days after written notice is sent from Tenant to Landlord stating the precise nature of the failure, then Tenant may declare Landlord in default, provided that if nature of the failure is such that it cannot be reasonably cured within the thirty (30) day period, then Landlord shall not be deemed in default if Landlord, within the thirty (30) day period, commences the cure and thereafter diligently pursues the same to completion. If Landlord does not cure any such failure within the notice and cure period, then Tenant may elect to terminate this Lease upon written notice to Landlord, sue for specific performance, sue for injunctive relief, or sue for damages, at Tenant’s option. If legal action is required to enforce the performance of either party’s obligations under this Lease, then the prevailing party in that legal action shall be entitled to recover its reasonable attorneys’ fees and court costs incurred in that action from the other party.

Miscellaneous Default Provisions. (A) The right to enforce all of the provisions of this Lease Sublease may, at the option of any assignee of Landlord’s Sublandlord's rights in this LeaseSublease, be exercised by any such assignee. A. (B) Any notation or statement by a party Subtenant on any draft, check, check or other method of payment of any obligation hereunder, or in any writing accompanying or accomplishing such payment, which notation notation, or statement purports to impose conditions on such payment or to invoke the doctrine of accord and satisfaction, shall be absolutely void and of no effect, and may be ignored by the other partySublandlord. B. (C) No right or remedy herein conferred upon or reserved to a party Sublandlord is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Either party Sublandlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any covenant, agreement, condition or provision of this Lease Sublease and to a decree compelling performance of any covenant, agreement, condition or provision of this LeaseSublease, or to any other remedy allowed by law or in equity. C. (D) No failure by a party hereto Sublandlord to insist upon the strict performance of any covenant, agreement, term or condition of this Lease Sublease on the part of the other party Subtenant to be performed, or to exercise any permitted right or remedy consequent upon a default therein, and no acceptance of the other party’s Subtenant's performance or, in the case or of Landlord, of Tenant’s Subtenant's payment of full or partial Rent Subrent after such default, shall constitute a waiver by the party not in default Sublandlord of such default or of such covenant, agreement, term or condition, or any right or remedy of the party not in default Sublandlord with respect thereto. D. If Landlord fails to perform any covenant on Landlord’s part to be performed under this Lease within thirty (30) days after written notice is sent from Tenant to Landlord stating the precise nature of the failure, then Tenant may declare Landlord in default, provided that if nature of the failure is such that it cannot be reasonably cured within the thirty (30) day period, then Landlord shall not be deemed in default if Landlord, within the thirty (30) day period, commences the cure and thereafter diligently pursues the same to completion. If Landlord does not cure any such failure within the notice and cure period, then Tenant may elect to terminate this Lease upon written notice to Landlord, sue for specific performance, sue for injunctive relief, or sue for damages, at Tenant’s option. If legal action is required to enforce the performance of either party’s obligations under this Lease, then the prevailing party in that legal action shall be entitled to recover its reasonable attorneys’ fees and court costs incurred in that action from the other party.

Miscellaneous Default Provisions. The right to enforce all 22.6.1. Upon the occurrence of the provisions of this Lease maya Default, at the option of any assignee of Landlord’s rights in this Lease, be exercised by any such assignee. A. Any notation or statement by a party on any draft, check, or other method of payment of any obligation hereunder, or in any writing accompanying or accomplishing such payment, which notation or statement purports to impose conditions on such payment or to invoke the doctrine of accord and satisfaction, shall be absolutely void and of no effect, and may be ignored by the other party. B. No right or remedy herein conferred upon or reserved to a party is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other right sum provided to be paid herein, Tenant also shall be liable for and shall pay to Landlord: (i) brokers’ fees incurred by Landlord in connection with reletting the whole or remedy given any part of the Premises; (ii) the costs of removing and storing Tenant’s Property or other occupant’s property; (iii) the costs of repairing, altering, remodeling or otherwise putting the Premises into condition acceptable to a new tenant or tenants; (iv) all reasonable expenses incurred in marketing the Premises and (v) all expenses incurred by Landlord in enforcing or defending Landlord’s rights and/or remedies. If either party hereto institutes any action or proceeding to enforce any provision hereof by reason of any alleged breach of any provision of this Lease, the prevailing party shall be entitled to receive from the losing party all attorneys’ fees and all court costs in connection with such proceeding. 22.6.2. Exercise by Landlord of any one or more remedies hereunder granted or now otherwise available shall not be deemed to be an acceptance of surrender of the Premises by Landlord, whether by agreement or hereafter existing by operation of law, it being understood that such surrender can be affected only by the written agreement of Landlord and Tenant. Tenant and Landlord further agree that forbearance by Landlord to enforce its rights pursuant to this Lease, at law or in equity. Either party , shall not be entitled a waiver of Landlord’s right to injunctive relief enforce one or more of its rights in case of the violation, connection with that or attempted or threatened violation, of any covenant, agreement, condition or provision of this Lease and to a decree compelling performance of any covenant, agreement, condition or provision of this Lease, or to any other remedy allowed by law or in equitysubsequent default. C. No failure by a party hereto to insist upon the strict performance of any covenant, agreement, term or condition of this Lease on the part of the other party to be performed, or to exercise any permitted right or remedy consequent upon a default therein, and no acceptance of the other party’s performance or, in the case of Landlord, of Tenant’s payment of full or partial Rent after such default, shall constitute a waiver by the party not in default of such default or of such covenant, agreement, term or condition, or any right or remedy of the party not in default with respect thereto. D. 22.6.3. If Landlord fails to perform any covenant on Landlord’s part to be performed under this Lease of its obligations hereunder within thirty (30) days after written notice is sent from Tenant to Landlord stating the precise nature of the failure, then Tenant may declare Landlord specifying in default, provided that detail such failure (or if nature of the failure is such that it cannot be reasonably cured corrected, through the exercise of reasonable diligence, within the such thirty (30) day period, then if Landlord shall does not be deemed in default if Landlord, commence to correct same within the such thirty (30) day period, commences the cure period and thereafter diligently pursues the prosecute same to completion), Tenant’s sole and exclusive remedy shall be an action for actual (excluding consequential and punitive) damages. Unless and until Landlord fails to so cure any default after such notice, Tenant shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, not conditions; and all such obligations will be binding upon Landlord only during the period of its possession of the Premises and not thereafter. The term “Landlord” shall mean only the fee simple owner, as of the first date on which Landlord’s default occurs, and in the event of the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all covenants and obligations of the Landlord thereafter accruing, but such covenants and obligations shall be binding during the Term upon each new owner for the duration of such owner’s ownership. Notwithstanding any other provision hereof, Landlord shall not have any personal liability hereunder. In the event of any breach or default by Landlord of any term or provision of this Lease, Tenant agrees to look solely to the equity or interest then owned by Landlord in the Property of which the Premises are a part; however, in no event, shall any deficiency judgment or any money judgment of any kind be sought or obtained against Landlord. 22.6.4. If Landlord does not cure any such failure within repossesses the notice and cure periodPremises pursuant to the authority herein granted, then Landlord shall have the right to (i) keep in place and use or (ii) remove and store, all of the furniture, fixtures and equipment at the Premises, including that which is owned by or leased to Tenant at all times prior to any foreclosure thereon by Landlord or repossession thereof by any lessor thereof or third party having a lien thereon. Landlord also shall have the right to relinquish possession of all or any portion of such furniture, fixtures, equipment and other property to any person (“Claimant”) who presents to Landlord a copy of any instrument represented by Claimant to have been executed by Tenant (or any predecessor of Tenant) granting Claimant the right under various circumstances to take possession of such furniture, fixtures, equipment or other property, without the necessity on the part of Landlord to inquire into the authenticity or legality of said instrument. The rights of Landlord herein stated shall be in addition to any and all other rights that Landlord has or may elect hereafter have at law or in equity; and Tenant stipulates and agrees that the rights herein granted Landlord are commercially reasonable. 22.6.5. Without limitation of any of Landlord’s rights in the event of a Default by Tenant, Landlord may also exercise its rights and remedies with respect to terminate this Lease upon written notice any Security under Section 4.4 above and with respect to Landlord, sue for specific performance, sue for injunctive relief, or sue for damages, at any guarantor of Tenant’s option. If legal action is required to enforce the performance of either party’s obligations under this Lease. 22.6.6. Neither expiration or termination of this Lease nor the termination of Tenant’s right to possession shall relieve Tenant from its liability under the indemnity provisions of this Lease. 22.6.7. Notwithstanding anything to the contrary set forth herein, (a) Landlord agrees to use Landlord’s reasonable efforts to mitigate Landlord’s damages resulting from a Default by Tenant. For purposes of determining any recovery of rent or damages by Landlord that depends upon what Landlord could collect by using reasonable efforts to relet the Premises, it is understood and agreed that: (a) Landlord may elect to lease other comparable, available space in the Complex, if any, before reletting the Premises. (b) Landlord may decline to incur out-of-pocket costs to relet the Premises, other than customary leasing commissions and legal fees for the negotiation of a lease with a new tenant. (c) Landlord may decline to relet the Premises at rental rates below then prevailing market rental rates, because of the prevailing party negative impact lower rental rates would have on the value of the Complex and because of the uncertainty of actually receiving from Tenant the greater damages that Landlord would suffer from and after reletting at the lower rates. (d) Before reletting the Premises to a prospective tenant, Landlord may require the prospective tenant to demonstrate the same financial wherewithal that Landlord would require as a condition to leasing other space in that legal action shall the Complex to the prospective tenant. (e) Identifying a prospective tenant to relet the Premises, negotiating a new lease with such tenant and making the Premises ready for such tenant will take time, depending upon market conditions when the Premises first become available for reletting, and during such time Landlord cannot be entitled expected to recover its collect any revenue from reletting. (f) Listing the Premises with a broker in a manner consistent with parts (a) through (e) above constitutes reasonable attorneys’ fees and court costs incurred in that action from efforts on the other partypart of Landlord to relet the Premises.

Miscellaneous Default Provisions. The right to enforce all of the provisions of this Lease may, at the option of any assignee of Landlord’s rights in this Lease, be exercised by any such assignee. A. Any notation or statement by a party on any draft, check, or other method of payment of any obligation hereunder, or in any writing accompanying or accomplishing such payment, which notation or statement purports to impose conditions on such payment or to invoke the doctrine of accord and satisfaction, shall be absolutely void and of no effect, and may be ignored by the other party. B. No right or remedy herein conferred upon or reserved to a party is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Either party shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any covenant, agreement, condition or provision of this Lease and to a decree compelling performance of any covenant, agreement, condition or provision of this Lease, or to any other remedy allowed by law or in equity. C. No failure by a party hereto to insist upon the strict performance of any covenant, agreement, term or condition of this Lease on the part of the other party to be performed, or to exercise any permitted right or remedy consequent upon a default therein, and no acceptance of the other party’s performance or, in the case of Landlord, of Tenant’s payment of full or partial Rent after such default, shall constitute a waiver by the party not in default of such default or of such covenant, agreement, term or condition, or any right or remedy of the party not in default with respect thereto. D. If Landlord fails to perform any covenant on Landlord’s part to be performed under this Lease within thirty (30) days after written notice is sent from Tenant to Landlord stating the precise nature of the failure, then Tenant may declare Landlord in default, provided that if nature of the failure is such that it cannot be reasonably cured within the thirty (30) day period, then Landlord shall not be deemed in default if Landlord, within the thirty (30) day period, commences the cure and thereafter diligently pursues the same to completion. If Landlord does not cure any such failure within the notice and cure period, then Tenant may elect to terminate this Lease upon written notice to Landlord, sue sxx for specific performance, sue sxx for injunctive relief, or sue sxx for damages, at Tenant’s option. If legal action is required to enforce the performance of either party’s obligations under this Lease, then the prevailing party in that legal action shall be entitled to recover its reasonable attorneys’ fees and court costs incurred in that action from the other party.

Miscellaneous Default Provisions. The (a) In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall also have the right of injunction and the right to enforce all of the provisions of this Lease may, at the option of invoke any assignee of Landlord’s rights in this Lease, be exercised by any such assignee. A. Any notation or statement by a party on any draft, check, or other method of payment of any obligation hereunder, or in any writing accompanying or accomplishing such payment, which notation or statement purports to impose conditions on such payment or to invoke the doctrine of accord and satisfaction, shall be absolutely void and of no effect, and may be ignored by the other party. B. No right or remedy herein conferred upon or reserved to a party is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Either party shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any covenant, agreement, condition or provision of this Lease and to a decree compelling performance of any covenant, agreement, condition or provision of this Lease, or to any other remedy allowed by law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Premises, by reason of violation by Tenant of any of the covenants and conditions of Lease, or otherwise. C. No failure (b) The rights and remedies herein reserved by a party hereto or granted to insist upon Landlord and Tenant are distinct, separate and cumulative, and the strict performance exercise of any covenant, agreement, term or condition one of this Lease on the part of the other party to be performed, or to exercise any permitted right or remedy consequent upon a default therein, and no acceptance of the other party’s performance or, in the case of Landlord, of Tenant’s payment of full or partial Rent after such default, shall constitute a waiver by the party not in default of such default or of such covenant, agreement, term or condition, or any right or remedy of the party not in default with respect thereto. D. If Landlord fails to perform any covenant on Landlord’s part to be performed under this Lease within thirty (30) days after written notice is sent from Tenant to Landlord stating the precise nature of the failure, then Tenant may declare Landlord in default, provided that if nature of the failure is such that it cannot be reasonably cured within the thirty (30) day period, then Landlord them shall not be deemed in default if to preclude, waive or prejudice Landlord's or Tenant's right to exercise any or all others. (c) Landlord and Tenant hereby expressly waive any right to assert a defense based on merger and agree that neither the commencement of any action or proceeding, within nor the thirty settlement thereof nor the entry of judgment therein shall bar Landlord or Tenant from bringing any subsequent actions or proceedings from time to time. (30d) day period, commences Tenant acknowledges that the cure and thereafter diligently pursues transaction of which this lease is a part is a "commercial transaction" as defined by the same to completionstatutes of the State of Connecticut. If Landlord does not cure any such failure within the notice and cure period, then Tenant may elect to terminate this Lease upon written notice to Landlord, sue for specific performance, sue for injunctive relief, or sue for damages, at Tenant’s optionTENANT HEREBY WAIVES ALL RIGHTS TO NOTICE AND PRIOR COURT HEARING OR COURT ORDER UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-287a ET SEQ. If legal action is required to enforce the performance of either party’s obligations under this Lease, then the prevailing party in that legal action shall be entitled to recover its reasonable attorneys’ fees and court costs incurred in that action from the other partyAS AMENDED OR UNDER ANY OTHER STATE OR FEDERAL LAW WITH RESPECT TO ANY AND ALL PREJUDGMENT REMEDIES LANDLORD MAY EMPLOY TO ENFORCE ITS RIGHTS AND REMEDIES HEREUNDER.