Common use of Payment by Tenant Clause in Contracts

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the Premises, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

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Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone costs incurred by Landlord (including court costs and reasonable attorneys’ fees and expenses) in in: (a1) obtaining possession of the Premises, ; (b2) removing, removing and storing and/or disposing of Tenant’s or any other occupant’s property, ; (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, ; (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), ; (e5) performing Tenant’s obligations under this Lease which Tenant Xxxxxx failed to perform, ; and (f6) enforcing, or advising Landlord of, enforcing its rights, remedies, and recourses arising out of the defaultEvent of Default. In addition, and (g) securing this Leaseif Landlord made or paid for any improvements to the Premises, including all commissionsor granted Tenant any improvement allowance or credit against the Base Rent or other charges due hereunder for Tenant's improvements, allowancesthen Landlord shall also be entitled to recover the unamortized portion of the cost of such improvements or the amount of such allowance or credit, reasonable attorneys’ fees, and if this Lease determined by multiplying the total amount of such cost or any amendment hereto contains any abated Rent granted allowance or credit by Landlord as an inducement or concession to secure this Lease or amendment heretoa fraction, the full amount denominator of all Rent so abated (which is the total number of months of the initial Term and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event the numerator of Default shall immediately terminate)which is the number of months of the Term remaining at the time of Xxxxxx's default. To the full extent permitted by lawLaw, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Sage Therapeutics, Inc.)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the Premises, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises into the condition acceptable to a new tenant, (d) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dirtt Environmental Solutions LTD)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated abated, provided that in each case such amounts payable under this clause (7) shall be limited to the unamortized portion of such amounts remaining as of the date of the Event of Default, amortized on a straight line basis over the Term (as the same may have been extended), (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to ----------------- Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone reasonable costs incurred by Landlord (including court costs and reasonable attorneys' fees and expensesexpenses should Landlord prevail in any litigation) in (a1) obtaining possession of the Premises, (b2) removing, removing and storing and/or disposing of Tenant’s 's or any other occupant’s 's property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d) 8) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including reasonable brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e9) performing Tenant’s 's obligations under this Lease which Tenant failed to perform, and (f10) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the defaultEvent of Default, in addition to the unamortized portion of the Construction Allowance, Free Rent and (g) securing any brokerage commissions paid by Landlord in connection with this Lease. If Tenant prevails in such litigation, including all commissions, allowances, Landlord shall pay Tenant its court costs and reasonable attorneys’ fees, ' fees and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and expenses in connection with such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate)action. To the full extent permitted by lawLaw, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located State of New Jersey shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties' rights and obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dset Corp)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the PremisesProperty, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises Property into the condition acceptable to a new tenant, (d) if Tenant is dispossessed of the Premises Property and this Lease is not terminated, reletting all or any part of the Premises Property (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Sublease Agreement (iBio, Inc.)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including actual and commercially reasonable brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a1) obtaining possession of the PremisesPremise, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcinge nforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated abated, provided that in each case such amounts payable under this clause (7) shall be limited to the unamortized portion of such amounts remaining as of the date of the Event of Default, amortized on a straight line basis over the Term (as the same may have been extended), (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

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Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the Premises, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises into the condition acceptable to a new tenant, (d) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to DMWEST #36871000 v9 00 XXXXX XXXX Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a) obtaining possession of the Premises, (b) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c) repairing, restoring, altering, remodeling, or otherwise putting the Premises into the condition required by market conditions then prevailing so as to be reasonably acceptable to a new tenant, as determined in Landlord’s sole discretion (d) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.,

Appears in 1 contract

Samples: Lease Agreement (Mimecast LTD)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys' fees and expenses) in (a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s 's or any other occupant’s 's property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s 's obligations under this Lease which Tenant failed to perform, (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys' fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s 's right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties' rights and obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord all amounts, costs, losses and/or expenses incurred, abated or foregone by Landlord (including court costs and reasonable attorneys’ fees and expenses) in (a1) obtaining possession of the Premises, (b2) removing, storing and/or disposing of Tenant’s or any other occupant’s property, (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g7) securing this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord as an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated abated, multiplied by a fraction, the numerator of which is the number of full calendar months remaining in the Term as of the date of the Event of Default and the denominator of which is the number of months in the Term (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate). To the full extent permitted by lawapplicable Legal Requirements, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Advanced Micro Devices Inc)

Payment by Tenant. Upon any Event of Default, Tenant shall pay to Landlord the then-unamortized value, as reasonably determined by Landlord, of all amountsleasing commissions, costsfree rent, losses tenant improvement allowance and other inducements and/or expenses incurredtransactional costs incurred by Landlord with respect to this Lease (to be amortized, abated or foregone at an interest rate reasonably determined by Landlord, over the Term from the commencement of Tenant’s obligation to pay Base Rent) and all costs incurred by Landlord (including court costs and reasonable attorneys’ fees and expenses) in in: (a1) obtaining possession of the Premises, ; (b2) removing, removing and storing and/or disposing of Tenant’s or any other occupant’s property, ; (c3) repairing, restoring, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant, ; (d4) if Tenant is dispossessed of the Premises and this Lease is not terminated, reletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting), ; (e5) performing Tenant’s obligations under this Lease which Tenant failed to perform, ; and (f6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the default, and (g) securing Event of Default. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Lease, including all commissions, allowances, reasonable attorneys’ fees, and if this Lease or any amendment hereto contains any abated Rent granted by Landlord shall not be entitled to recover more than its actual damages suffered as a result of an inducement or concession to secure this Lease or amendment hereto, the full amount of all Rent so abated (and such abated amounts shall be payable immediately by Tenant to Landlord, without any obligation by Landlord to provide written notice thereof to Tenant, and Tenant’s right to any abated rent accruing following such Event of Default shall immediately terminate)Default. To the full extent permitted by lawLaw, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any matter relating to or arising from this Lease and the parties’ rights and obligations under this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

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