Common use of No Surrender or Merger Clause in Contracts

No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over Tenant’s property within the Building. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject to Section 1.7 of this Exhibit “D”), as are all claims for damages by reason of any distress warrant, unlawful detainer proceedings, sequestration proceedings or other legal process, to the extent that such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by Landlord may be pursuant to judgment obtained in unlawful detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.

Appears in 3 contracts

Samples: Certain Defined Terms (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc)

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No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event termination of Defaultthis Lease or entry for possession following delivery of a notice to quit from Landlord to Tenant, to the aforesaid exercise of dominion over Tenant’s property within the Building. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject to Section 1.7 of this Exhibit “D”)waived, as are all claims for damages by reason of any distress warrant, unlawful forcible detainer proceedings, sequestration proceedings or other legal process, to the extent that such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by Landlord may be pursuant to judgment obtained in unlawful forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.

Appears in 2 contracts

Samples: Datacenter Lease (Endurance International Group Holdings, Inc.), Datacenter Lease (Constant Contact, Inc.)

No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No Except for a wrongful lock-out, (a) no such alteration of security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over Tenant’s property within the Building. All , and (b) all claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject to Section 1.7 of this Exhibit “D”)waived, as are all claims for damages by reason of any distress warrant, unlawful forcible detainer proceedings, sequestration proceedings or other legal process, to the extent that such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by Landlord may be pursuant to judgment obtained in unlawful forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedingsproceedings in accordance with applicable laws, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.

Appears in 2 contracts

Samples: Master Datacenter Lease (Telx Group, Inc.), Operating Agreement (Telx Group, Inc.)

No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over Tenant’s property within the Building. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject to Section 1.7 of this Exhibit “D”)waived, as are all claims for damages by reason of any distress warrant, unlawful forcible detainer proceedings, sequestration proceedings or other legal process, to the extent that such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by Landlord may be pursuant to judgment obtained in unlawful forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise. Notwithstanding anything to the contrary contained or implied in the foregoing, Landlord agrees, in the exercise of its remedies under this Exhibit “D”, to use commercially reasonable efforts in the physical handling and/or moving of Tenant’s property, and to be and remain responsible for the gross negligence and willful misconduct of Landlord and of Landlord’s agents, employees and contractors in connection therewith.

Appears in 1 contract

Samples: Turn Key Datacenter Lease (Danger Inc)

No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space Premises by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space Premises shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of DefaultDefault by Tenant, to the aforesaid exercise of dominion over Tenant’s property within the Building, in accordance with the Lease, including Section 13 and Section 15.2, to the extent that the same do not conflict with applicable law. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject to Section 1.7 of this Exhibit “D”)waived, as are all claims for damages by reason of any distress warrant, unlawful forcible detainer proceedings, sequestration proceedings or other legal process, to the extent that . Any such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by Landlord may shall be pursuant to judgment obtained in unlawful forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedingsas otherwise permitted by applicable law, as Landlord may elect, and Tenant agrees that Landlord shall not be liable in trespass or otherwise.

Appears in 1 contract

Samples: Datacenter Lease (Rhodium Enterprises, Inc.)

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No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space Premises by TenantXxxxxx, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and TenantXxxxxx. No such alteration of security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space Premises shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of DefaultDefault by Tenant, to the aforesaid exercise of dominion over TenantXxxxxx’s property within the Building, in accordance with the Lease, including Section 13 and Section 15.2, to the extent that the same do not conflict with applicable law. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject to Section 1.7 of this Exhibit “D”)waived, as are all claims for damages by reason of any distress warrant, unlawful forcible detainer proceedings, sequestration proceedings or other legal process, to the extent that . Any such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by Landlord may shall be pursuant to judgment obtained in unlawful forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedingsas otherwise permitted by applicable law, as Landlord may elect, and Xxxxxx agrees that Landlord shall not be liable in trespass or otherwise.

Appears in 1 contract

Samples: Datacenter Lease (SilverSun Technologies, Inc.)

No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space by TenantXxxxxx, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and TenantXxxxxx. No such alteration of security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others on or about the Tenant Space shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over TenantXxxxxx’s property within the Building. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject to Section 1.7 of this Exhibit “D”), as are all claims for damages by reason of any distress warrant, unlawful detainer proceedings, sequestration proceedings or other legal process, to the extent that such waiver is allowed by Applicable Laws. Tenant Xxxxxx agrees that any re-entry by Landlord may be pursuant to judgment obtained in unlawful detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.

Appears in 1 contract

Samples: Datacenter Lease (Carbonite Inc)

No Surrender or Merger. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available upon the occurrence of an Event of Default by Tenant shall not be deemed to be an acceptance of surrender of all or any part of the Tenant Space by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of security devices and no removal or other exercise of dominion by Landlord over of the property of Tenant or others on or about the Tenant Space as set forth herein upon the occurrence of an Event of Default shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over Tenant’s property within the Building. All claims for damages by reason of such re-entry and/or possession and/or alteration of locks or other security devices are hereby waived (subject waived, except to Section 1.7 the extent caused by the gross negligence or willful misconduct of this Exhibit “D”)any member of the Landlord Group, as are all claims for damages by reason of any distress warrant, unlawful forcible detainer proceedings, sequestration proceedings or other legal process, to the extent that such waiver is allowed by Applicable Laws. Tenant agrees that any re-entry by Landlord may be pursuant to judgment obtained in unlawful forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.

Appears in 1 contract

Samples: Datacenter Lease (Rackspace Hosting, Inc.)

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