Common use of Re-Entry and Damages Clause in Contracts

Re-Entry and Damages. In the event of Tenant's default, Landlord, in addition to all of its other remedies under this Lease, at law or in equity, shall have the right to re-enter the Demised Premises, with or without process of law, using such force as may be necessary to remove all persons and property therefrom. Upon such default, Landlord, at its option, may either terminate this Lease, or without terminating this Lease, relet the Demised Premises or any part thereof on such terms and conditions as Landlord deems advisable in its reasonable discretion. Landlord agrees to use its best efforts to mitigate its damages upon a default by Tenant and, in connection therewith, to consider in good faith any prospective replacement tenant(s) procured by Tenant. The proceeds of such reletting shall be applied (a) First, to the payment of any indebtedness due from Tenant to Landlord other than Annual Base Rent or Additional Rent hereunder; (b) Second, to the payment of any reasonable costs of such reletting, including, without limitation, the cost of any reasonable alterations and repairs to the Demised Premises, brokerage fees and expenses, advertising expenses, inspection fees and attorney's fees; (c) Third, to the payment of Annual Base Rent and Additional Rent due and unpaid hereunder; (d) Fourth, to any other damages, costs and expenses incurred by Landlord as a result of Tenant's breach; and (e) the residue, if any, shall be held by Landlord and applied in payment of future Annual Base Rent and Additional Rent as the same may become due and payable hereunder. Should the proceeds of such reletting during any month be less than the monthly installment of Annual Base Rent or Additional Rent required hereunder, then Tenant shall during such month pay such deficiency to Landlord upon demand. No reentry or taking possession of the Demised Premises by Landlord shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to Tenant. In the event Landlord elects to terminate this Lease, then Landlord shall have the right to accelerate all of the Annual Base Rent and Additional Rent due hereunder for the balance of the term of this Lease and Tenant shall forthwith pay to Landlord upon demand, as liquidated damages, the deficiency between the amount of said accelerated rent and the proceeds of reletting, if any, for what would have otherwise constituted the balance of the Lease Term or the reasonable rental value of the Demised Premises for such balance of the Lease Term if the Demised Premises are not relet by Landlord within thirty (30) days following Tenant's default. In computing such liquidated damages there shall be added to such deficiency any expenses incurred in connection with obtaining possession of the Demised Premises and reletting the Demised Premises, whether such reletting is successful or not, which expenses include, but are not limited to, attorneys' fees, brokerage fees and expenses, advertising expenses, reasonable alterations and repairs to the Demised Premises, and inspection fees.

Re-Entry and Damages. In the event of Tenant's default’s Default, LandlordLandlord shall, in addition to all of its other remedies under this Lease, at or permitted in law or in equity, shall have the right to re-enter the Demised Premises, in accordance with or without process of applicable law, using such force as may be necessary to remove all persons and property therefrom. Upon such default, Landlord, at its option, may either terminate this Lease, or without terminating this Lease, relet the Demised Premises or any part thereof on such terms and conditions as Landlord deems advisable in its reasonable discretion. Landlord agrees to use its best efforts to mitigate its damages upon a default by Tenant and, in connection therewith, to consider in good faith any prospective replacement tenant(s) procured by Tenant. The proceeds of such reletting shall be applied applied: (a) Firstfirst, to the payment of any indebtedness due from Tenant to Landlord other than Annual Base Rent or Additional Rent hereunder, together with the Default Charge as provided for in Section 5.6; (b) Secondsecond, to the payment of any reasonable costs of such relettingreletting (or attempts to relet), including, without limitation, the cost of any reasonable alterations and repairs to the Demised Premises, ; brokerage fees and expenses, ; advertising expenses; inspection fees; free rent and rental concessions; tenant improvement allowances; tenant relocation costs, inspection fees expenses and allowances; tenant equipment allowances and other tenant concessions; and attorney's ’s fees; (c) Thirdthird, to the payment of Annual Base Rent and Additional Rent due and unpaid hereunder, together with the Delinquency Charge as provided for in Section 5.5; (d) Fourthfourth, to any other damages, costs and expenses incurred by Landlord as a result of Tenant's ’s breach; and (e) the residueremaining balance of such proceeds, if anyany (“Net Reletting Proceeds”), shall be held by Landlord and applied in payment of future Annual Base Rent and Additional Rent as the same may become due and payable hereunder. Should the proceeds of such reletting Net Reletting Proceeds during any month be less than the monthly installment Monthly Installment of Annual Base Rent or Additional Rent required hereunder, then Tenant shall during such month pay such deficiency to Landlord upon demand. No reentry re-entry or taking possession of the Demised Premises by Landlord shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to TenantLease. In the event Landlord elects to terminate this Lease, then Tenant shall remain liable to Landlord shall have the right to accelerate for all of the Annual Base Rent and Additional Rent due hereunder for the balance other obligations of the term of Tenant under this Lease and Tenant shall forthwith pay to Landlord upon demand, as liquidated damages, the deficiency between the amount of said accelerated rent and the proceeds of reletting, if any, for what would have otherwise constituted the balance of the Lease Term or the reasonable rental value of the Demised Premises for such balance of the Lease Term if the Demised Premises are not relet damages incurred by Landlord within thirty (30) days following as a result of Tenant's ’s default. In computing such liquidated damages there Landlord shall be added required to such deficiency any expenses incurred mitigate damages in connection accordance with obtaining possession of the Demised Premises and reletting the Demised Premises, whether such reletting is successful or not, which expenses include, but are not limited to, attorneys' fees, brokerage fees and expenses, advertising expenses, reasonable alterations and repairs to the Demised Premises, and inspection feesWisconsin law.

Re-Entry and Damages. In If and whenever the event of Tenant's default, Landlord, in addition to all of its other remedies under this Lease, at law or in equity, shall have the right Landlord is entitled to re-enter the Demised Premises, with or without process of lawdoes re-enter the Premises, using such force as may be necessary to remove all persons and property therefrom. Upon such default, Landlord, at its option, the Landlord may either terminate this LeaseLease by giving written notice of termination to the Tenant, or by posting notice of termination on the Premises, and in such event the Tenant will forthwith vacate and surrender the Premises , or alternatively, the Landlord may from time to time without terminating the Tenant's obligations under this Lease make alterations and repairs considered by the Landlord necessary to facilitate a subletting including changing of any locks (without this being deemed to be a termination of the Lease), relet and sublet the Demised Premises or any part thereof on as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord deems advisable in its reasonable discretiondiscretion considers advisable. Upon each subletting all rent and other monies received by the Landlord agrees to use its best efforts to mitigate its damages upon a default by Tenant and, in connection therewith, to consider in good faith any prospective replacement tenant(s) procured by Tenant. The proceeds of such reletting shall from the subletting will be applied (a) First, first to the payment of any indebtedness due from Tenant to Landlord other than Annual Base Rent or Additional Rent hereunder; (b) Secondcosts and expenses of the subletting including brokerage fees and solicitors' fees and costs of the alterations and repairs, second to the payment of any reasonable costs of such reletting, including, without limitation, indebtedness other than Basic Rent due hereunder from the cost of any reasonable alterations and repairs Tenant to the Demised Premises, brokerage fees Landlord and expenses, advertising expenses, inspection fees and attorney's fees; (c) Third, third to the payment of Annual Base Rent and Additional Basic Rent due and unpaid hereunder; (d) Fourth, to any other damages, costs and expenses incurred by Landlord as a result of Tenant's breach; and (e) the . The residue, if any, shall will be held by the Landlord and applied in payment of future Annual Base Rent and Additional Rent rent as the same may become it becomes due and payable hereunderpayable. Should If the proceeds of such reletting rent received from the subletting during any a month be is less than the monthly installment of Annual Base Rent or Additional Rent required hereunderrent to be paid during that month by the Tenant, then the Tenant shall during such month will pay such the deficiency to Landlord upon demandthe Landlord. The deficiency will be calculated and paid monthly. No reentry or taking possession of re- entry by the Demised Premises by Landlord shall will be construed as an election on its part to terminate this Lease unless a written notice of such that intention is given to the Tenant. In Despite a subletting without termination, the event Landlord elects may elect at any time to terminate this Lease for a previous breach. If the Landlord terminates this Lease for any breach and elects to claim damages for such breach, the Tenant will pay to the Landlord on demand therefor: (a) Basic Rent to the date of termination; (b) all additional charges and additional rent payable by the Tenant pursuant to the provisions hereof to the date of termination; (c) such expenses as the Landlord may incur or have incurred in connection with re- entering or terminating and reletting, collecting sums due or payable by the Tenant and realizing upon assets seized, including brokerage expense, legal fees and disbursements determined on a solicitor-client basis, keeping the Premises in good order and repairing and maintaining the same, and preparing the Premises for re-letting; and (d) as liquidated damages for the loss of Basic Rent and additional rent and other income of the Landlord expected to be derived from this Lease during the period which would have constituted the unexpired portion of the Term had it not been terminated, the amount, if any, by which the rental value of the Premises for such period established by reference to the terms and provisions of this Lease, then Landlord shall have exceeds the right to accelerate all rental value of the Annual Base Rent Premises for such period established by reference to the terms and Additional Rent due hereunder for provisions upon which the balance of the term Landlord re-lets them, if such re-letting is accomplished within a reasonable time after termination of this Lease and Tenant shall forthwith pay otherwise with reference to Landlord upon demand, as liquidated damages, the deficiency between the amount of said accelerated rent all market and the proceeds of reletting, if any, for what would have otherwise constituted the balance of the Lease Term or the reasonable rental value of the Demised Premises for such balance of the Lease Term if the Demised Premises are not relet by Landlord within thirty (30) days following Tenant's default. In computing such liquidated damages there shall be added to such deficiency any expenses incurred in connection with obtaining possession of the Demised Premises and reletting the Demised Premises, whether such reletting is successful or not, which expenses include, but are not limited to, attorneys' fees, brokerage fees and expenses, advertising expenses, reasonable alterations and repairs to the Demised Premises, and inspection feesother relevant circumstances.

Re-Entry and Damages. In If and whenever the event of Tenant's default, Landlord, in addition to all of its other remedies under this Lease, at law or in equity, shall have the right Landlord is entitled to re-enter the Demised Premises, with or without process of lawdoes re-enter the Premises, using such force as may be necessary to remove all persons and property therefrom. Upon such default, Landlord, at its option, the Landlord may either terminate this LeaseLease by giving written notice of termination to the Tenant, or by posting notice of termination in the Premises, and in Such event the Tenant will forthwith vacate and surrender the Premises or alternatively, the Landlord may from time to time without terminating the Tenant's obligations under this Lease, relet make alterations and repairs considered by the Demised Landlord necessary to facilitate a sub-letting, and sub-let the Premises or any part thereof on as agent of the Tenant for Such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord deems advisable in its reasonable discretiondiscretion considers advisable. Upon each sub-letting all rent and other moneys received by the Landlord agrees to use its best efforts to mitigate its damages upon a default by Tenant andfrom the sub-letting will be applied, in connection therewith, to consider in good faith any prospective replacement tenant(s) procured by Tenant. The proceeds of such reletting shall be applied (a) First, first to the payment of any indebtedness other than Rent due hereunder from the Tenant to Landlord other than Annual Base Rent or Additional Rent hereunder; (b) Secondthe Landlord, second to the payment of any reasonable costs and expenses of such reletting, including, without limitation, the cost of any reasonable alterations and repairs to the Demised Premises, sub-letting including brokerage fees and expenses, advertising expenses, inspection solicitors' fees and attorney's fees; (c) Thirdcosts of the alterations and repairs, and third to the payment of Annual Base Rent and Additional Rent due and unpaid hereunder; (d) Fourth, to any other damages, costs and expenses incurred by Landlord as a result of Tenant's breach; and (e) the . The residue, if any, shall will be held by the Landlord and applied in payment of future Annual Base Rent and Additional Rent as the same may become it becomes due and payable hereunderpayable. Should If the proceeds of such reletting Rent received from the sub-letting during any a month be is less than the monthly installment of Annual Base Rent or Additional Rent required hereunderto be paid during that month by the Tenant, then the Tenant shall during such month will pay such the deficiency to Landlord upon demandthe Landlord. The deficiency will be calculated and paid monthly. No reentry or taking possession of re-entry by the Demised Premises by Landlord shall will be construed as an election on its part to terminate this Lease unless a written notice of such that intention is given to the Tenant. In Despite a sub-letting without termination, the event Landlord elects may elect any time to terminate this LeaseLease for a previous breach. If the Landlord terminates this Lease for any breach, then the Tenant will pay to the Landlord shall on demand therefore: (a) Gross Monthly Rent up to the time of re entry or termination, whichever is later, plus accelerated Rent as provided for in Article 17.05; (b) all Additional Charges payable by the Tenant pursuant to the provisions hereof up until the date of re- entry or termination whichever is later; (c) such expenses as the Landlord may incur or have incurred in connection with reentering or terminating and reletting, or collecting sums due or payable by the right to accelerate all Tenant or realizing upon assets seized including brokerage expense, legal fees and disbursements determined on a solicitor-client basis, and including the expense of keeping the Premises in good order and repairing or maintaining the same or preparing the Premises for re-letting; and (d) as liquidated damages for the loss of Rent and other income of the Annual Base Rent and Additional Rent due hereunder for Landlord expected to be derived from this Lease during the balance period which would have constituted the unexpired portion of the term had it not been terminated, the amount, if any, by which the rental value of the Premises for such period established by reference to the terms and provisions of this Lease, exceeds the rental value of the Premises for such period established by reference to the terms and provisions upon which the Landlord re-lets them, if such re-letting is accomplished within a reasonable time after termination of this Lease and Tenant shall forthwith pay otherwise with reference to Landlord upon demand, as liquidated damagesall market and other relevant circumstances. Rental value is to be computed in each case by reducing to present worth at an assumed interest rate of 10% per annum all Rent and other amounts to become payable for such period and where the ascertainment of amounts to become payable requires it, the deficiency between the amount Landlord may make estimates and assumptions of said accelerated rent and the proceeds of reletting, if any, for what would have otherwise constituted the balance of the Lease Term fact which will govern unless shown to be unreasonable or the reasonable rental value of the Demised Premises for such balance of the Lease Term if the Demised Premises are not relet by Landlord within thirty (30) days following Tenant's default. In computing such liquidated damages there shall be added to such deficiency any expenses incurred in connection with obtaining possession of the Demised Premises and reletting the Demised Premises, whether such reletting is successful or not, which expenses include, but are not limited to, attorneys' fees, brokerage fees and expenses, advertising expenses, reasonable alterations and repairs to the Demised Premises, and inspection feeserroneous.

Re-Entry and Damages. In If following a breach of this Lease by the event of Tenant's default, Landlord, in addition to all of its other remedies under the Tenant has not cured the breach following the written notice period required by this Lease, at law the Landlord may terminate this Lease by giving written notice of termination to the Tenant, or in equity, shall have by posting notice of termination on the right to re-enter exterior of the Demised Premises, with or without process of law, using and in such force as event the Tenant will forthwith vacate and surrender the Premises. The Landlord may be make alterations and repairs considered by the Landlord necessary to remove all persons facilitate a sub-letting, including changing the door locks for the Premises, and property therefrom. Upon such default, Landlord, at its option, may either terminate this Lease, or without terminating this Lease, relet sub-let the Demised Premises or any part thereof on as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord deems advisable in its reasonable discretiondiscretion considers advisable. Upon each sub-letting all rent and other money received by the Landlord agrees to use its best efforts to mitigate its damages upon a default by Tenant andfrom the sub-letting will be applied, in connection therewith, to consider in good faith any prospective replacement tenant(s) procured by Tenant. The proceeds of such reletting shall be applied (a) First, first to the payment of any indebtedness other than Basic Rent due hereunder from the Tenant to Landlord other than Annual Base Rent or Additional Rent hereunder; (b) Secondthe Landlord, second to the payment of any reasonable costs and expenses of such reletting, including, without limitation, the cost of any reasonable alterations and repairs to the Demised Premises, sub-letting including brokerage fees and expenses, advertising expenses, inspection solicitors’ fees and attorney's fees; (c) Thirdcosts of the alterations and repairs, and third to the payment of Annual Base Rent and Additional Basic Rent due and unpaid hereunder; (d) Fourth, to any other damages, costs and expenses incurred by Landlord as a result of Tenant's breach; and (e) the . The residue, if any, shall will be held by the Landlord and applied in payment of future Annual Base Rent as it becomes due and payable. If the Rent received from the sub-letting during a month is less than the Rent to be paid during that month by the Tenant, the Landlord may recover the deficiency from the Tenant. The deficiency will be calculated and paid monthly. If the Landlord terminates this Lease for any breach and elects to claim damages for such breach, the Tenant will pay to the Landlord on demand therefor: (a) Rent up to the time of re-entry or termination; (b) all additional charges and Additional Rent payable by the Tenant pursuant to the provisions hereof up until the date of re-entry or termination whichever is later; (c) such expenses as the same Landlord may become due and payable hereunder. Should the proceeds of such reletting during any month be less than the monthly installment of Annual Base Rent incur or Additional Rent required hereunder, then Tenant shall during such month pay such deficiency to Landlord upon demand. No reentry or taking possession of the Demised Premises by Landlord shall be construed as an election on its part to terminate this Lease unless written notice of such intention is given to Tenant. In the event Landlord elects to terminate this Lease, then Landlord shall have the right to accelerate all of the Annual Base Rent and Additional Rent due hereunder for the balance of the term of this Lease and Tenant shall forthwith pay to Landlord upon demand, as liquidated damages, the deficiency between the amount of said accelerated rent and the proceeds of reletting, if any, for what would have otherwise constituted the balance of the Lease Term or the reasonable rental value of the Demised Premises for such balance of the Lease Term if the Demised Premises are not relet by Landlord within thirty (30) days following Tenant's default. In computing such liquidated damages there shall be added to such deficiency any expenses incurred in connection with obtaining possession re-entering or terminating and reletting, collecting sums due or payable by the Tenant or realizing upon assets seized, including brokerage expense and legal fees and disbursements determined on a solicitor and own client basis, and the expense of keeping the Premises in good order and repairing and maintaining the same and preparing the Premises for re-letting; and (d) any difference between the Rent that the Tenant would have paid during the unexpired portion of the Demised Premises and reletting the Demised Premises, whether such reletting is successful or not, which expenses include, but are Term had it not limited to, attorneys' fees, brokerage fees and expenses, advertising expenses, reasonable alterations and repairs to the Demised Premisesbeen terminated, and inspection feesthe amount of rent received by the Landlord under the sub-letting or re-letting, as applicable.

Re-Entry and Damages. In If and whenever the event of Tenant's default, Landlord, in addition to all of its other remedies under this Lease, at law or in equity, shall have the right Landlord is entitled to re-enter the Demised Premises, with or without process of lawdoes re-enter the Premises, using such force as may be necessary to remove all persons and property therefrom. Upon such default, Landlord, at its option, the Landlord may either terminate this LeaseLease by giving written notice of termination to the Tenant, or by posting notice of termination in the Premises, and in such event the Tenant will forthwith vacate and surrender the Premises or alternatively, the Landlord may from time to time without terminating the Tenant’s obligations under this Lease, relet make alterations and repairs considered by the Demised Landlord necessary to facilitate a sub-letting, and sub-let the Premises or any part thereof on as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord deems advisable in its reasonable discretiondiscretion considers advisable. Upon each subletting all rent and other moneys received by the Landlord agrees to use its best efforts to mitigate its damages upon a default by Tenant andfrom the sub-letting will be applied, in connection therewith, to consider in good faith any prospective replacement tenant(s) procured by Tenant. The proceeds of such reletting shall be applied (a) First, first to the payment of any indebtedness other than Basic Rent due hereunder from the Tenant to Landlord other than Annual Base Rent or Additional Rent hereunder; (b) Secondthe Landlord, second to the payment of any reasonable costs and expenses of such reletting, including, without limitation, the cost of any reasonable alterations and repairs to the Demised Premises, sub-letting including brokerage fees and expenses, advertising expenses, inspection solicitors’ fees and attorney's fees; (c) Thirdcosts of the alterations and repairs, and third to the payment of Annual Base Rent and Additional Basic Rent due and unpaid hereunder; (d) Fourth, to any other damages, costs and expenses incurred by Landlord as a result of Tenant's breach; and (e) the . The residue, if any, shall will be held by the Landlord and applied in payment of future Annual Base Rent and Additional Gross Rent as the same may become it becomes due and payable hereunderpayable. Should If the proceeds of such reletting Gross Rent received from the sub-letting during any a month be is less than the monthly installment of Annual Base Gross Rent or Additional Rent required hereunderto be paid during that month by the Tenant, then the Tenant shall during such month will pay such the deficiency to Landlord upon demandthe Landlord. The deficiency will be calculated and paid monthly. No reentry or taking possession of re-entry by the Demised Premises by Landlord shall will be construed as an election on its part to terminate this Lease unless a written notice of such that intention is given to the Tenant. In Despite a sub-letting without termination, the event Landlord elects may elect at any time to terminate this LeaseLease for a previous breach. If the Landlord terminates this Lease for any breach and elects to claim damages for such breach, then the Tenant will pay to the Landlord shall have on demand therefor: (a) Gross Rent up to the right to accelerate time of re-entry or termination; (b) all of the Annual Base Rent additional charges and Additional Rent payable by the Tenant pursuant to the provisions hereof up until the date of re-entry or termination whichever is later; (c) such expenses as the Landlord may incur or has incurred in connection with re- entering or terminating or re-letting, or collecting sums due hereunder or payable by the Tenant or realizing upon assets seized including brokerage expense, legal fees and disbursements determined on a solicitor and own client basis, or the expense of keeping the Premises in good order and repairing or maintaining the same or preparing the Premises for re-letting; and (d) as liquidated damages for the balance loss of Gross Rent and other income of the term of Landlord expected to be derived from this Lease and Tenant shall forthwith pay to Landlord upon demand, as liquidated damagesduring the period which would have constituted the unexpired portion of the Term had it not been terminated, the deficiency between the amount of said accelerated rent and the proceeds of relettingamount, if any, for what would have otherwise constituted by which the balance of the Lease Term or the reasonable rental value of the Demised Premises for such balance period established by reference to the terms and provisions of this Lease, exceeds the rental value of the Lease Term if the Demised Premises are not relet for such period established by Landlord within thirty (30) days following Tenant's default. In computing such liquidated damages there shall be added to such deficiency any expenses incurred in connection with obtaining possession of the Demised Premises and reletting the Demised Premises, whether such reletting is successful or not, which expenses include, but are not limited to, attorneys' fees, brokerage fees and expenses, advertising expenses, reasonable alterations and repairs reference to the Demised Premisesterms and provisions upon which the Landlord re-lets them, if such re-letting is accomplished within a reasonable time after termination of this Lease, and inspection feesotherwise with reference to all market and other relevant circumstances. Rental value is to be computed in each case by reducing to present worth at an assumed interest rate of ten percent (10%) per annum all rent and other amounts to become payable for such period and where the ascertainment of amounts to become payable requires it, the Landlord may make estimates and assumptions which will govern unless shown to be unreasonable or erroneous.