Common use of RE-ENTRY BY LANDLORD Clause in Contracts

RE-ENTRY BY LANDLORD. If Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law.

Appears in 13 contracts

Samples: Store Lease, Store Lease, www.judicialtitle.com

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RE-ENTRY BY LANDLORD. 25.01. If Tenant shall default in the payment of any installment of fixed rent rent, or of any installment of additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid and if such default shall continue for five (5) days after written notice thereof, or if this Lease shall expire as provided in Article 16 hereof provided24, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold hold, and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 24 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease, or re-entry orof such recovery of possession or the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law26.

Appears in 4 contracts

Samples: Lease Agreement (Hanover Capital Mortgage Holdings Inc), Lease Agreement (I Many Inc), Lease Agreement (Globespan Inc/De)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any fixed rent installment of Fixed Rent, or additional rent or of any other sum or charge payable hereunder by Tenant to Landlord Additional Rent, on any date upon which the sum becomes duesame is to be paid, and if such default shall continue for five (5) days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, law without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the Fixed Rent and Additional Rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 4 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default at all reasonable times, upon twenty-four (24) hours prior notice (except in the payment case of any fixed rent or additional rent or any other sum or charge payable hereunder by an emergency), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, all times (except in the name case of an emergency), have the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable right to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 same, to supply any service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, Mortgagees or in tenants (as to prospective tenants, only during the event last twelve (12) months of the termination Lease Term), to post notices of nonresponsibility or as otherwise required or allowed by this Lease (or by law, and to alter, improve or repair the Premises and any portion of re-entry) the Building and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by or under the character of the work to be performed. Landlord shall not be liable in any summary dispossess manner for any inconvenience, disturbance, loss of business, nuisance or other proceeding or action or any provision of law, damage arising from Landlord’s entry and acts pursuant to this paragraph and Tenant shall thereupon pay not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord exercises any rights reserved in this paragraph and hereby waives any claim for damages for any disturbance, loss of business, nuisance, injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the fixed rentPremises, additional rent and any other sum or charge payable hereunder by Tenant loss arising from Landlord’s entry and acts pursuant to Landlord up to the time of such termination of this Lease, or of such recovery of possession Paragraph. For each of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performedaforesaid purposes, Landlord shall also at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right of injunction. The specified remedies to use any and all means which Landlord may resort hereunder are cumulative deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and are any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not intended under any emergency circumstances be construed or deemed to be exclusive a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any other remedies or means of redress to which portions thereof. Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forshall use commercially CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. reasonable efforts during re-entry to not unreasonably interfere with Tenant’s Permitted Use of the premises by Landlord under the provisions of this Article 17, Premises or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawits business conducted therein.

Appears in 3 contracts

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

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed rent previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent, and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 2 contracts

Samples: Execution Original (Intralinks Inc), Execution Original (Intralinks Inc)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default at all reasonable times, upon reasonable prior notice (twenty-four (24) hours), except in the payment case of any fixed rent or additional rent or any other sum or charge payable hereunder by an emergency, and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord on any date upon which at all times, have the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable right to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions same, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to show the Premises to prospective purchasers, mortgagees or tenants (as to prospective tenants, only during the last six (6) months of the Lease Term), to post notices of non-responsibility or as otherwise required or allowed by this Article 17 Lease or by law, and to alter, improve (in the case of to alter or improve the interior of the Premises, such entry shall only be in the event so required by laws or by Paragraph 7) or repair the Premises and any portion of the termination Building which Landlord is obligated to or has the right to alter, improve or repair pursuant to the terms of this Lease (or and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of re-entry) by or under the work to be performed. Landlord shall not be liable in any summary dispossess manner for any inconvenience, disturbance, loss of business, nuisance or other proceeding or action or any provision of law, damage arising from Landlord’s entry and acts pursuant to this Paragraph and Tenant shall thereupon pay not be entitled to an abatement or reduction of rent or Additional Charges if Landlord exercises any rights reserved in this Paragraph. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the fixed rentPremises, additional rent and any other sum loss occasioned thereby, except for Landlord’s negligence or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession willful misconduct. For each of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performedaforesaid purposes, Landlord shall also at all times have and retain a key with which to un-lock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right of injunction. The specified remedies to use any and all means which Landlord may resort hereunder are cumulative deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and are any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not intended under any emergency circumstances be construed or deemed to be exclusive a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any other remedies or means of redress to which portions thereof. Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the shall use best efforts during re-entry to not unreasonably interfere with Tenant’s use of the premises by Landlord under the provisions of this Article 17, Premises or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawits business conducted therein.

Appears in 2 contracts

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

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 2 contracts

Samples: Execution Original (Thrupoint Inc), Agreement of Lease (Predictive Systems Inc)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for three (3) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 2 contracts

Samples: Angion Biomedica Corp., Angion Biomedica Corp.

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default at all reasonable times, upon reasonable prior notice (except in the payment case of any fixed rent or additional rent or any other sum or charge payable hereunder by an emergency), and subject to Tenant's reasonable security precautions and the right of Tenant to accompany Landlord on any date upon which at all times, have the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable right to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions Premises, to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to post notices of nonresponsibility or as otherwise required or allowed by this Article 17 Lease or in by law, and to alter, improve or repair the event Premises and any portion of the termination Building (and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of this Lease the work to be performed), and, during normal business hours only, to show the Premises to prospective purchasers, Mortgagees or tenants (or as to prospective tenants, only during the last eighteen (18) months of re-entry) by or under the Term). Landlord shall not be liable in any summary dispossess manner for any inconvenience, disturbance, loss of business, nuisance or other proceeding or action or any provision of law, damage arising from Landlord's entry and acts pursuant to this Paragraph and Tenant shall thereupon pay not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord exercises any rights reserved in this paragraph. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the fixed rentPremises, additional rent and any other sum loss occasioned thereby, except for Landlord's active negligence or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession willful misconduct. For each of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performedaforesaid purposes, Landlord shall also at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, or special security areas (designated in advance), and Landlord shall have the right of injunction. The specified remedies to use any and all means which Landlord may resort hereunder are cumulative deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and are any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not intended under any emergency circumstances be construed or deemed to be exclusive a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any other remedies or means of redress to which portions thereof. Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the shall use commercially reasonable efforts during re-entry to minimize any material, unreasonable interference with Tenant's use of the premises by Landlord under the provisions of this Article 17, Premises or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawits business conducted therein.

Appears in 2 contracts

Samples: Lease Agreement (Handspring Inc), Lease Agreement (Handspring Inc)

RE-ENTRY BY LANDLORD. If Tenant shall default in Landlord shall, at all times, have the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant right to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises upon 24 hour advance notice (except in an emergency when no notice will be required), at all reasonable hours to inspect, protect and preserve the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawsame, Tenant shall thereupon pay to Landlord the fixed rent, additional rent supply janitor service and any other sum service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, mortgagees or charge payable hereunder tenants, to post notices of nonresponsibility or as otherwise required or allowed by this Lease or by law, and to alter, improve or repair the Premises and any portion of the Building (including but not limited to another tenant's premises). Landlord may, for the purposes set forth above, erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work which shall be performed in a reasonable time period. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage which shall arise from Landlord's entry and acts pursuant to this Paragraph 17. Tenant shall not be entitled to an abatement or reduction of Rent if Landlord up shall exercise any rights reserved in this Paragraph 17. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby if completed in a reasonable time period. Tenant shall at all times provide Landlord with a key with which to unlock all of such termination of this Leasethe doors in, upon and about the Premises, excluding Tenant's vaults and safes, or of such recovery of possession of the premises by Landlord, as the case may bespecial security areas (designated in advance), and Landlord shall also pay have the right to use any and all means which Landlord damages as provided may deem necessary or proper to open said doors in Article 18 hereof. In an emergency, which entry shall not be deemed to be a forcible or unlawful entry into the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenantsPremises, agreementsor an eviction, termsactual or constructive, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, therefrom. Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, without the same constituting an actual or constructive eviction and Landlord may invoke without incurring any remedy allowed at law liability to Tenant therefore, upon advance notice and so that it does not materially interfere or in equity as if specific remedies were not herein provided for. In impede the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry operations of the premises by Landlord under Tenant, to change the provisions arrangement and/or location of this Article 17entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or (cother public parts of the Building and to change the name, number or designation by which the Building or Office Park is commonly known, or subdivide the Office Park in which the Building is located, declare portions of the Office Park to be condominium(s) or otherwise provide for separate ownership of the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on Buildings and common areas within the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawOffice Park.

Appears in 2 contracts

Samples: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed rent previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease unless Landlord consented to same in writing or by any previous prepayment of more than one (1) month's Rent and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 2 contracts

Samples: Lease Agreement (Talkpoint Communications Inc), Nextvenue Inc

RE-ENTRY BY LANDLORD. Default Provisions 26.01. If Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof providedterminate for any reason whatsoever, Landlord of or Landlord's agents and servants employees may immediatelywithout further notice, immediately or at any time thereafter, thereafter enter upon and re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, and possess or repossess itself thereof either by summary dispossess proceedings proceedings, ejectment or by any suitable action or proceeding at law, or by agreement, or by force or otherwise, and may dispossess and remove Tenant and all other persons and property from the Demised Premises without being liable to indictment, prosecution or damages therefor, and may repossess the same, Demised Premises and may remove any persons therefrom, the right to the end that Landlord may have, hold and enjoy the premises receive all rental income again as and of its first estate and interest therein. The words "enter" or "re-enter", "re-entrypossess" and or "re-enteredrepossess" as used in this Lease herein used, are not restricted to their technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 25 or in the event that Landlord shall re-enter the premises entry under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) entry by or under any summary dispossess proceedings, ejectment or other proceeding or by any suitable action or any provision proceeding at law, or by agreement, or by force or otherwise by reason of lawdefault hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, rent and additional rent and any other sum or charge payable hereunder by Tenant to Landlord due up to the time of such termination of this Lease, or of such recovery of possession of the premises Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof27. 26.02. In the event of a any breach of or threatened breach on the part by Tenant of the Tenant with respect to any of the covenants, agreements, terms, provisions covenants or conditions on the part of or on behalf of Tenant to be kept, observed or performedcontained in this Lease, Landlord shall also be entitled to enjoin such breach or threatened breach and shall have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any right and remedy allowed at law or in equity or by statute or otherwise as if specific though re-entry summary proceedings and other remedies were not herein provided forfor in this Lease. In the event 26.03. Each right and remedy of (a) the termination of Landlord provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Landlord of any one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. 26.04. If this Lease shall terminate under the provisions of Article 16 hereof25, (b) the or if Landlord shall re-entry of enter the premises by Landlord Demised Premises under the provisions of this Article 17Article, or (c) in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any any, paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, rent or additional rent or any other sum or charge due from Tenant at the time of such termination or of re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof 27 or pursuant to law.. 20 ARTICLE 27 Damages 27.01. If this Lease is terminated under the provisions of Article 25, or if Landlord shall re-enter the Demised Premises under the provisions of Article 26 or in the event of the termination of this Lease, or of re-entry by summary dispossess proceedings, ejectment or by any suitable action or proceeding at law, or by agreement, or by force or otherwise, by reason of default hereunder on the part of Tenant, Tenant shall pay Landlord as damages, at the election of Landlord, either (a) on demand, a sum which at the time of such termination of this Lease or at the time of any such re-entry by Landlord, as the case may be, represents the excess of (1) the aggregate of the fixed rent and the additional rent payable hereunder which would have been payable by Tenant (conclusively presuming the additional rent to be the same as was payable for the year immediately preceding such termination) for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the Expiration Date, had this Lease not so terminated or had Landlord not so re-entered the Demised Premises, over (2) the aggregate rental value (calculated as of the date of such termination or re-entry) of the Demised Premises for the same period, or (b) sums equal to the fixed rent and the additional rent (as above presumed) payable hereunder which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the Demised Premises, payable quarterly, in advance, but otherwise upon the terms therefor specified herein following such termination or such re-entry and until the Expiration Date, provided however, that if Landlord shall relet the Demised Premises or any portion or portions thereof during said period, Landlord shall credit Tenant with the net rents received by Landlord from such reletting, such net rents to be determined by first deducting from the gross rents as and when received by Landlord from such reletting the expenses incurred or paid by Landlord in terminating the Lease or in re-entering the Demised Premises and in securing possession thereof, as well as the expenses of reletting, including altering and preparing the Demised Premises or any portion or portions thereof for new tenants, brokers' commissions, advertising expenses, and all other expenses properly chargeable against the Demised Premises and the rental therefrom; it being understood that any such reletting may be for a period shorter or longer than the remaining term of this Lease, but in no event shall Tenant be entitled to receive any excess of such net rents over the sums payable by Tenant to Landlord hereunder, nor shall Tenant be entitled in any suit for the collection of damages pursuant to this subsection to a credit in respect of any net rents from a reletting, except to the extent that such net rents are actually received by Landlord. If the Demised Premises or any part thereof should be relet in combination with other space, then proper apportionment shall be made of the rent received from such reletting and of the expenses of reletting, and Landlord shall have the right to grant reasonable rent concessions to attract one or more new tenants and to permit the term of any new lease covering part or all of the Demised Premises to be for a shorter or longer period than provided for herein. If the Demised Premises or any part thereof be relet by Landlord for the unexpired portion of the term of this Lease, or any part thereof, before presentation of proof of such damages to any court, commission or tribunal, the amount of rent reserved upon such reletting shall, prima facie, be the fair and reasonable rental value for the Demised Premises, or part thereof, so relet during the term of the reletting. Landlord however shall in no event and in no way be responsible or liable for any failure to relet the Demised Premises or any part thereof or for failure to collect any rent due upon any such reletting. 27.02. In the event Landlord elects to collect damages from Tenant under Section 27.01(b), at any time subsequent to such election and upon ten days prior written notice to Tenant, Landlord may elect to collect a lump sum under Section 27.01(a), crediting Tenant with amounts theretofore received by Landlord as damages. Landlord shall have no obligation to relet part or all of the Demised Premises subsequent to termination of the Lease upon Tenant's default. 27.03. Suit or suits for the recovery of such damages, or any installments thereof, may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been so terminated under the provisions of Article 25, or under any provision of law, or had Landlord not re-entered the Demised Premises. Nothing herein contained shall be construed to limit or preclude recovery by Landlord against Tenant of any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any default hereunder or otherwise on the part of Tenant. Nothing herein contained shall be construed to limit or prejudice the right of the Landlord to prove for and obtain as liquidated damages by reason of the termination of this Lease or re-entry on the Demised Premises for the default of Tenant under this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which such damages are to be proved whether or not such amount be greater, equal to, or less than any of the sums referred to in Section 27.01. 21 27.04. The foregoing Sections of this Article shall apply even if the default by Tenant has occurred prior to the Commencement Date and/or prior to Tenant taking possession of the Demised Premises. The parties acknowledge that this instrument is a lease and not a contract to make a lease. 27.05. The Tenant agrees that any legal action or suit brought against Tenant by reason of any matter whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant created hereby, Tenant’s use or occupancy of the Premises or any claim for injury or damage or default under this Lease shall be brought in the Courts of the State of Connecticut or any Federal Court sitting therein and the Tenant consents to the non-exclusive jurisdiction of such courts and to service of process in any such legal action or suit being made upon Tenant by mail at the address specified under Article 32 of this Lease. The Tenant waives any objection that it may now have or hereafter have to the venue of any such legal action or suit or any such court or that such legal action or suit was brought in an inconvenient court. ARTICLE 28 Waivers 28.01. Tenant, for itself, and on behalf of any and all persons claiming through or under Tenant, including creditors of all kinds, does hereby waive and surrender all right and privilege so far as is permitted by law, which they or any of them might have under or by reason of any present or future law, of the service of any notice of intention to re-enter and also waives any and all right of redemption or re-entry or repossession in case Tenant shall be dispossessed or ejected by process of law or in case of re-entry or repossession by Landlord or in case of any expiration or termination of this Lease as herein provided. 28.02. Tenant waives Tenant's rights, if any, to designate the items against which any payments made by Tenant are to be credited, and Tenant agrees that Landlord may apply any payments made by Tenant to any items it sees fit, irrespective of and notwithstanding any designation or request by Tenant as to the items against which any such payments shall be credited. 28.03. Tenant waives Tenant's rights, if any, to assert a counterclaim in any summary proceeding brought by Landlord against Tenant, and Tenant agrees to assert any such claim against Landlord only by way of a separate action or proceeding. 28.04. To the extent permitted by applicable law, Landlord and Tenant hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, or Tenant's use or occupancy of the Demised Premises, or any emergency or other statutory remedy with respect thereto. ARTICLE 29 No Other Waivers or Modifications 29.01. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the agreements, terms, covenants, conditions or obligations of this Lease, or to exercise any right, remedy or election herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such one or more obligations of this Lease or of the right to exercise such election, but the same shall continue and remain in full force and effect with respect to any subsequent breach, act or omission. The manner of enforcement or the failure of Landlord to enforce any of the Rules and Regulations set forth herein, or hereafter adopted against the Tenant and/or any other tenant in the Building shall not be deemed a waiver of any such Rules and Regulations. No executory agreement hereafter made between Landlord and Tenant shall be effective to change, modify, waive, release, discharge, terminate or effect an abandonment of this Lease, in whole or part, unless such executory agreement is in writing, refers expressly to this Lease and is signed by the party against whom enforcement of the change, modification, waiver, release, discharge or termination or effectuation of the abandonment is sought. 22 29.02. The following specific provisions of this Section shall not be deemed to limit the generality of the foregoing provisions of this Article: (a) No agreement to accept a surrender of all or any part of the Demised Premises shall be valid unless in writing and signed by Landlord. The delivery of keys to an employee of Landlord or of its agent shall not operate as a termination of this Lease or a surrender of the Demised Premises. If Tenant shall at any time request Landlord to sublet the Demised Premises for Tenant's account, Landlord or its agent is authorized to receive said keys for such purposes without releasing Tenant from any of its obligations under this Lease, and Tenant hereby releases Landlord of any liability for loss or damage to any of Tenant's property in connection with such subletting. (b) The receipt or acceptance by Landlord of rents with knowledge of breach by Tenant of any term, agreement, covenant, condition or obligation of this Lease shall not be deemed a waiver of such breach. (c) No payment by Tenant or receipt by Landlord of a lesser amount than the correct fixed rent or additional rent due hereunder shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed to effect or evidence an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy in this Lease or at law provided. (d) If, in connection with obtaining, continuing or renewing financing for which the Building, and or the leasehold or any interest therein represents collateral in whole or in part, a banking, insurance or other lender shall request reasonable modifications of this Lease as a condition of such financing, Tenant will not unreasonably withhold, delay or defer its consent thereto, provided that such modifications do not increase the obligations of Tenant hereunder or adversely affect to a material degree the Tenant's leasehold interest hereby created. ARTICLE 30

Appears in 1 contract

Samples: www.sec.gov

RE-ENTRY BY LANDLORD. 25.1 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for five (5) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 24 provided, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 24 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law26.

Appears in 1 contract

Samples: Lease (Build a Bear Workshop Inc)

RE-ENTRY BY LANDLORD. 25.01. If Tenant shall default in the payment of any fixed rent installment of Fixed Base Rent, or additional rent or of any other sum or charge payable hereunder by Tenant to Landlord installment of Additional Rent, on any date upon which the sum becomes duesame ought to be paid and if such default shall continue for five (5) days after written notice thereof, or if this Lease shall expire as provided in Article 16 hereof provided24, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold hold, and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word “re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 24 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the Fixed Base Rent and Additional Rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law26.

Appears in 1 contract

Samples: Lease Agreement (UroGen Pharma Ltd.)

RE-ENTRY BY LANDLORD. A. If the Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge Rent payable hereunder by the Tenant to the Landlord on any date upon which the sum same becomes due, and if such default shall continue for thirty (30) days or if this Lease shall expire and terminate as in Article 16 hereof Section 22 provided, Landlord of the Landlord's , or the Landlord’s agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesPremises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that the Landlord may have, hold and enjoy the premises Premises again as and of its first estate and interest therein. The words "re-enter"“reenter”, "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any the termination of this Lease under the provisions of Article 16 hereof Section 22, or in the event that Landlord the landlord shall re-enter the premises Premises under the provisions of this Article 17 Section 23 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, the Tenant shall thereupon pay to the Landlord the fixed rent, additional rent and any other sum or charge Rent payable hereunder by the Tenant to the Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises Premises by the Landlord, as the case may be, and shall also pay to the Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawSection 24.

Appears in 1 contract

Samples: Lease Agreement (Integra Lifesciences Holdings Corp)

RE-ENTRY BY LANDLORD. If this lease shall terminate as in Article Fifteenth hereof provided, or if the Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum same becomes due, the Landlord or if this Lease shall expire as in Article 16 hereof provided, Landlord of the Landlord's ’s agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premises, or any part thereof, thereof in the name of the whole, either by summary dispossess disposes proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that the Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" entering” as used in this Lease are not restricted to their technical legal meanings. In addtion, the Landlord or the Landlord’s agents and servants may, immediately or at any time thereafter, cease to provide (i) the electrical current to the premises provided in Article Fifth and the Electric Supplemental Indenture and (ii) the cleaning services to the premises provided in Article Twentieth and Rules and Regulations thereunder. In the event of any termination of this Lease under the provisions of Article 16 Fifteenth hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or other measure undertaken by the Landlord for the enforcement of its aforesaid right of re-entry (any provision such termination of lawthis Lease being herein called a “Default Termination”), the Tenant shall thereupon pay to the Landlord the fixed rent, rent and additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this LeaseDefault Termination and shall likewise pay to the Landlord all such damages which, or by reason of such recovery of possession of Default Termination, shall be payable by the premises by Landlord, as the case may be, and shall also pay to Landlord damages Tenant as provided in Article 18 hereofthis Lease or pursuant to law. Also in the event of a Default Termination the Landlord shall be entitled to retain all moneys, if any, paid by the Tenant to the Landlord, whether as advance rent or as security for rent, but such monies shall be credited by the Landlord against any fixed rent or additional rent due from the Tenant at the time of such Default Termination or, at the Landlord’s option, against any damages payable by the Tenant as provided in this Lease or pursuant to law. In the event of a breach of or threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of the Tenant to be kept, observed or performed, the Landlord shall also have the right of injunction. The specified remedies to which the Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Landlord may lawfully be entitled at any time, and the Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law.

Appears in 1 contract

Samples: Nuvim Inc

RE-ENTRY BY LANDLORD. A. If the Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge Rent payable hereunder by the Tenant to the Landlord on any date upon which the sum same becomes due, and if such default shall continue for thirty (30) days or if this Lease shall expire and terminate as in Article 16 hereof 22 provided, Landlord of the Landlord's , or the Landlord’s agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesPremises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that the Landlord may have, hold and enjoy the premises Premises again as and of its first estate and interest therein. The words "re-enter"“reenter”, "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any the termination of this Lease under the provisions of Article 16 hereof 22, or in the event that Landlord the landlord shall re-enter the premises Premises under the provisions of this Article 17 23 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, the Tenant shall thereupon pay to the Landlord the fixed rent, additional rent and any other sum or charge Rent payable hereunder by the Tenant to the Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises Premises by the Landlord, as the case may be, and shall also pay to the Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law24.

Appears in 1 contract

Samples: Rooftop Antenna License (Integra Lifesciences Holdings Corp)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all times have the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant right to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions same, to supply any service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or tenants, to post notices of this Article 17 nonresponsibility, and to alter, improve, or in repair the event Premises and any portion of the termination Building of this Lease (which the Premises are a part or to which access is conveniently made through the Premises, without abatement of re-entry) rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by or under any summary dispossess or other proceeding or action or any provision the character of lawthe work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall thereupon pay not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to Landlord or interference with Xxxxxx's business, any loss of occupancy or quiet enjoyment of the fixed rentPremises, additional rent and any other sum loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or charge payable hereunder by Tenant proper to Landlord up open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the time of such termination of this LeasePremises, or of such recovery of possession of the premises portions thereof obtained by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the covenantsPremises, agreementsor an eviction, termsactual or constructive, provisions or conditions on the part of or on behalf of Tenant to be kept, observed from the Premises or performed, any portions thereof. Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, without the same constituting an actual or constructive eviction and Landlord may invoke without incurring any remedy allowed at law liability to Tenant therefor, to change the arrangement and/or location of entrances or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereofpassage ways, (b) the re-entry doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the premises Building and to change the name, number or designation by Landlord under which the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawBuilding is commonly known.

Appears in 1 contract

Samples: Office Lease Agreement (Optium Corp)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all times have the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant right to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawsame, Tenant shall thereupon pay to Landlord the fixed rent, additional rent supply janitor service and any other sum service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or charge payable hereunder tenants, to post notices of non-responsibility and to alter, improve, repair the Premises and any portion of the Building of which the Premises are a part or to which access is conveniently made through the Premises, without abatement of Rent and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by Tenant the character of work to Landlord up be performed, provided that entrance to the time Premises shall not be blocked thereby and further provided that the business of such termination Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of this Leaseoccupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or of such recovery of possession of the premises portions thereof obtained by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to by any of said means or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the covenantsPremises, agreementsor any eviction, termsactual or constructive, provisions or conditions on the part of or on behalf of Tenant to be kept, observed from the Premises or performed, any portions thereof. Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any timetime without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and Landlord may invoke any remedy allowed at law doorways and corridors, elevators, stairs, toilets or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry other public parts of the premises Building and to change the name, number or designation by Landlord under which the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawBuilding is commonly known.

Appears in 1 contract

Samples: Office Lease Agreement (Ominto, Inc.)

RE-ENTRY BY LANDLORD. If Tenant Landlord shall default in recover or come into possession of the payment Premises before the date herein fixed for the termination of this Lease, pursuant to the terms of this Lease, Landlord shall have the right, at its option, to take over any fixed rent and all subleases or additional rent sublettings of the Premises or any other sum or charge payable hereunder part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord on any date upon which such of the sum becomes duesubleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder, pursuant to the terms of this Lease, or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder, pursuant to the terms of this Lease, of or if Landlord shall expire as otherwise succeed to Tenant's estate in Article 16 hereof providedthe Premises that such subtenant shall waive any right to surrender possession or to terminate the sublease and, Landlord of at Landlord's agents election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and servants may immediatelyshall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any previous act, omission or at negligence of Tenant under such sublease, (ii) be subject to any time thereaftercounterclaim, re-enter into defense or upon offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent and additional rent which shall be payable as provided in the premisessublease, (iv) be obligated to repair the subleased space or the Building or any part thereof, in the name event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord (unless the subleased space is all or substantially all of the wholePremises), either by summary dispossess proceedings (v) be obligated to repair the subleased space or by the Building or any suitable action or proceeding at lawpart thereof, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any subleased space or the Building not taken (unless the subleased space is all or substantially all of the covenantsPremises) or (vi) be obligated to perform any work in the subleased space of the Building or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (Women Com Networks Inc)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default at all times have the right, upon reasonable prior notice (except in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or emergency, in the which event that Landlord no prior notice shall be necessary) and exercising reasonable care to re-enter the premises under Premises to inspect the provisions same, to supply any service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or tenants, to post notices of this Article 17 nonresponsibility, and to alter, improve, or in repair the event Premises and any portion of the termination Building of this Lease (which the Premises are a part or to which access is conveniently made through the Premises, without abatement of re-entry) rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by or under any summary dispossess or other proceeding or action or any provision the character of lawthe work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall thereupon pay not be interfered with unreasonably. Tenant hereby waives any claim for damages for any inconvenience to Landlord or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the fixed rentPremises, additional rent and any other sum loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or charge payable hereunder by Tenant proper to Landlord up open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the time of such termination of this LeasePremises, or of such recovery of possession of the premises portions thereof obtained by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the covenantsPremises, agreementsor an eviction, termsactual or constructive, provisions or conditions on the part of or on behalf of Tenant to be kept, observed from the Premises or performed, any portions thereof. Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, without the same constituting an actual or constructive eviction and Landlord may invoke without incurring any remedy allowed at law liability to Tenant therefor, to change the arrangement and/or location of entrances or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereofpassage ways, (b) the re-entry doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the premises Building and to change the name, number or designation by Landlord under which the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawBuilding is commonly known.

Appears in 1 contract

Samples: Office Lease Agreement (Vanstar Corp)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for three (3) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Lease (Treasure Mountain Holdings Inc)

RE-ENTRY BY LANDLORD. If this Lease shall terminate as in Article Fifteenth hereof provided, or if the Tenant shall default in the payment of any fixed rent or rent, additional rent or any other sum or charge payable hereunder by Tenant to Landlord percentage rent (if any) on any date upon which the sum same becomes due, and if such default shall continue for 10 days after the Landlord shall have given to the Tenant a notice specifying such default, the Landlord or if this Lease shall expire as in Article 16 hereof provided, Landlord of the Landlord's agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premises, or any part thereof, thereof in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, law or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that the Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" ", and "re-enteredentering" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 Fifteenth hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or other measure undertaken by the Landlord for the enforcement of its aforesaid right of re-entry (any provision such termination of lawthis Lease being herein called a "Default Termination"), the Tenant shall thereupon pay to the Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord percentage rent (if any) up to the time of such termination of this LeaseDefault Termination and shall likewise pay to the Landlord all such damages which, or by reason of such recovery of possession of Default Termination, shall be payable by the premises by Landlord, as the case may be, and shall also pay to Landlord damages Tenant as provided in Article 18 hereofthis Lease or pursuant to law. In Also in the event of a breach of threatened breach on Default Termination the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all moniesmoneys, if any any, paid by the Tenant to the Landlord, whether as advance rent or as security for rent, security or otherwise, but such moneys shall be credited by the Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law.any

Appears in 1 contract

Samples: Supplemental Indenture (Abacus Direct Corp)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed rent previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's Rent and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement (Viatel Inc)

RE-ENTRY BY LANDLORD. If Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's ’s agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution prosecution, or damages therefortherefore, and may repossess the same, and may remove any persons therefromthere from, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "words, “re-enter", "re-entry" and "re-“re- entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-re- enter the premises under the provisions of this Article 17 or in the event of the termination of this the Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on of the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-re- entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's ’s option, against any damages payable by to Tenant under Article 18 hereof or pursuant to law.

Appears in 1 contract

Samples: recordandreturn.com

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease as a result of a default by Tenant under this Lease or a surrender of the Premises by mutual agreement, Landlord shall have the right, at its option, to take over Tenant's interest as sublessor in any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of Tenant's interest as sublessor in the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for five (5) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Lease (Boomerang Systems, Inc.)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all times have the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant right to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawsame, Tenant shall thereupon pay to Landlord the fixed rent, additional rent supply janitor service and any other sum service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or charge payable hereunder tenants (only within the last eighteen (18) months of the term hereof as to prospective tenants), and to alter, improve, or repair the Premises and any portion of the Building of which the Premises are a part or to which access is conveniently made through the Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by Tenant the character of the work to Landlord up be performed, provided that entrance to the time Premises shall not be blocked thereby, and further provided that the business of such termination Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of this Leaseoccupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, unless said damage or loss resulted from Landlord’s negligence or willful misconduct. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or of such recovery of possession of the premises portions thereof obtained by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the covenantsPremises, agreementsor an eviction, termsactual or constructive, provisions or conditions on the part of or on behalf of Tenant to be kept, observed from the Premises or performed, any portions thereof. Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, without the same constituting an actual or constructive eviction and Landlord may invoke without incurring any remedy allowed at law liability to Tenant therefor, to change the arrangement and/or location of entrances or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereofpassage ways, (b) the re-entry doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the premises by Landlord under Building not within the provisions Premises; provided, that such changes do not have a material, adverse impact on Tenant’s use and enjoyment of this Article 17, the Premises or (c) its access to the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawBuilding and parking garage.

Appears in 1 contract

Samples: Office Lease Agreement (Worldspan L P)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease as a result of a default by Tenant under this Lease or a surrender of the Premises by mutual agreement. Landlord shall have the right, at its option, to take over Tenant's interest as sublessor in any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of Tenant's interest as sublessor in the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and subletting. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement (Marvel Enterprises Inc)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for five (5) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Lease (American Realty Capital New York Recovery Reit Inc)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of subleased space or the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are Building not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17taken, or (cvi) be obligated to perform any work in the termination subleased space of the Building or to prepare them for occupancy beyond Landlord's obligations under this Lease (Lease, and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or re-entry) by licensee of Tenant shall be deemed automatically upon and as a condition of occupying or under any summary dispossess or other proceeding or action using the Premises or any provision part thereof, to have given a waiver of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled type described in and to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under extent and upon the conditions set forth in this Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Bridgeline Software, Inc.

RE-ENTRY BY LANDLORD. If Tenant shall default Notwithstanding anything to the contrary set forth herein, Landlord’s re-entry to perform acts of maintenance or preservation of or in connection with efforts to relet the payment of any fixed rent or additional rent Premises or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes dueportion thereof, or if the appointment of a receiver upon Landlord’s initiative to protect Landlord’s interest under this Lease, shall not terminate Tenant’s right to possession of the Premises or any portion thereof and, until Landlord does elect to terminate this Lease, this Lease shall expire as continue in Article 16 hereof provided, full force and effect and Landlord shall enforce all of Landlord's agents ’s rights and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwiseremedies hereunder including, without being liable limitation, the right to indictment, prosecution or damages therefor, and may repossess recover from Tenant as it becomes due hereunder all rent required to be paid by Tenant under the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meaningsterms hereof. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter elect to relet, then rents received by Landlord from such reletting shall be applied first, to the premises under payment of any indebtedness (other than rents) due hereunder from Tenant to Landlord; second, to the provisions payment of this Article 17 or any cost of such reletting (including brokerage commissions); third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should reletting, during any month to which such rent is applied, result in the event actual payment of rents at less than the termination of this Lease (or of re-entry) rent payable during that month by or under any summary dispossess or other proceeding or action or any provision of lawTenant hereunder, then Tenant shall thereupon pay such deficiency to Landlord the fixed rent, additional rent and immediately upon demand therefor by Landlord. Notwithstanding any other sum or charge payable hereunder by Tenant to Landlord up to the time of such reletting without termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may beLandlord may, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any timetime after such reletting, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of elect to terminate this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under for any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawdefault.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Dynamic Health Products Inc)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant’s estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from· and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant’s estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord’s election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month’s rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord’s obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (Constant Contact, Inc.)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous wrongful act or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space or to prepare them for occupancy beyond Landlord's obligations under this Lease, and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or licensee of Tenant with respect shall be deemed automatically upon, and as a condition of, occupying or using the Premises or any part thereof, to any have given a waiver of the covenants, agreements, terms, provisions or type described in and to the extent and upon the conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or set forth in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

RE-ENTRY BY LANDLORD. If this Lease shall terminate as in Article Fifteenth hereof provided, or if the Tenant shall default in the payment of any fixed rent or rent, additional rent or any other sum or charge payable hereunder by Tenant to Landlord percentage rent (if any) on any date upon which the sum same becomes due, and if such default shall continue for 10 days after the Landlord shall have given to the Tenant a notice specifying such default, the Landlord or if this Lease shall expire as in Article 16 hereof provided, Landlord of the Landlord's agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premises, premises or any part thereof, thereof in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, law or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that the Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" ", and "re-enteredentering" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 Fifteenth hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or other measure undertaken by the Landlord for the enforcement of its aforesaid right of re-entry (any provision such termination of lawthis Lease being herein called a "Default Termination"), the Tenant shall thereupon pay to the Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord percentage rent (if any) up to the time of such termination of this LeaseDefault Termination and shall likewise pay to the Landlord all such damages which, or by reason of such recovery of possession of Default Termination, shall be payable by the premises by Landlord, as the case may be, and shall also pay to Landlord damages Tenant as provided in Article 18 hereofthis Lease or pursuant to law. Also in the event of a Default Termination the Landlord shall be entitled to retain all moneys, if any, paid by the Tenant to the Landlord, whether as advance rent or as security for rent, but such moneys shall be credited by the Landlord against any fixed rent, additional rent or percentage rent (if any) due from the Tenant at the time of such Default Termination or, at the Landlord's option, against any damages payable by the Tenant as provided in this Lease or pursuant to law. In the event of a breach of or threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of the Tenant to be kept, observed or performed, the Landlord shall also have the right of injunction. The specified remedies to which the Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Landlord may lawfully be entitled at any time, and the Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law.

Appears in 1 contract

Samples: Supplemental Indenture (Smith & Wollensky Restaurant Group Inc)

RE-ENTRY BY LANDLORD. If Tenant commits an Event of Default, and Landlord elects, following the 15 day notice and grace period in Section 11.1, to re-enter, or takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease or make such alterations and repairs as may be necessary in order to relet the Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon such reletting, all rentals received by Landlord from such reletting shall default in be applied: first, to the payment of indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any fixed costs and expenses of such reletting, including brokerage fees and attorney's fees, and costs of such repairs (but not the costs of alterations); third, to the payment of rent or additional due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or as the same may become due and payable hereunder. If such rentals received from such reletting during any other sum or charge payable hereunder month be less than those to be paid during the month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by Landlord shall be construed as an election on any date upon which the sum becomes due, or if its part to terminate this Lease shall expire as in Article 16 unless a written notice of such intention be given to Tenant or unless the termination hereof providedbe decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time either seek to enforce a provision of or upon the premises, or terminate this Lease for any part thereofbreach, in the name of the whole, either by summary dispossess proceedings or by addition to any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord other remedies it may have, hold it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable attorney's fees, and enjoy including the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to worth at the time of such termination of this Leasethe excess, or of such recovery of possession if any, of the premises by Landlord, as amount of rent and charges equivalent to rent reserved in this Lease for the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part remainder of the Tenant with respect to any stated term over the then reasonable rental value of the covenants, agreements, terms, provisions or conditions on Leased Premises for the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry remainder of the premises by Landlord under the provisions stated term, all of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord which amounts shall be entitled to retain all monies, if any paid by immediately due and payable from Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Advanta Corp)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for ten (10) days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Lease (Hearst Argyle Television Inc)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant’s estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant’s estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord’s election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month’s rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord’s obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (Intralinks Inc)

RE-ENTRY BY LANDLORD. If this Lease shall terminate as in Article Fifteenth hereof provided, or if the Tenant shall default in the payment of any fixed rent or rent, additional rent or any other sum or charge payable hereunder by Tenant to Landlord percentage rent (if any) on any date upon which the sum same becomes due, and if such default shall continue for 10 days after the Landlord shall have given to the Tenant a notice specifying such default, the Landlord or if this Lease shall expire as in Article 16 hereof provided, Landlord of the Landlord's agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premises, premises or any part thereof, thereof in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, law or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that the Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enterreenter", "re-entry" ", and "re-enteredentering" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 Fifteenth hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or other measure undertaken by the Landlord for the enforcement of its aforesaid right of re-entry (any provision such termination of lawthis Lease being herein called a "Default Termination"), the Tenant shall thereupon pay to the Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord percentage rent (if any) up to the time of such termination of this LeaseDefault Termination and shall likewise pay to the Landlord all such damages which, or by reason of such recovery of possession of Default Termination, shall be payable by the premises by Landlord, as the case may be, and shall also pay to Landlord damages Tenant as provided in Article 18 hereofthis Lease or pursuant to law. Also in the event of a Default Termination the Landlord shall be entitled to retain all moneys, if any, paid by the Tenant to the Landlord, whether as advance rent or as security for rent, but such moneys shall be credited by the Landlord against any fixed rent, additional rent or percentage rent (if any) due from the Tenant at the time of such Default Termination or, at the Landlord's option, against any damages payable by the Tenant as provided in this Lease or pursuant to law. In the event of a breach of or threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of the Tenant to be kept, observed or performed, the Landlord shall also have the right of injunction. The specified remedies to which the Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Landlord may lawfully be entitled at any time, and the Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law.

Appears in 1 contract

Samples: New York Restaurant Group Inc

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RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for ten (10) days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Lease (About Com Inc)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for three (3) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Lease (Philipp Brothers Chemicals Inc)

RE-ENTRY BY LANDLORD. (a) If Tenant shall default in the payment -------------------- of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum same becomes due, and if such default shall continue for ten (10) days after Landlord shall have given to Tenant a written notice specifying such default, or if this Lease shall expire and terminate as in Article 16 hereof 19 provided, Landlord of or Landlord's agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding pro- ceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", fire entrance," "re-entry," and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof 19, or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 20 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding pro- ceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord Land- lord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law21.

Appears in 1 contract

Samples: Medicore Inc

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant’s estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant’s estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord’s election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attom to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month’s rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord’s obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attomment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (Yodle Inc)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant’s estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant’s estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord’s election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous wrongful act or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month’s rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space or to prepare them for occupancy beyond Landlord’s obligations under this Lease, and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or licensee of Tenant with respect shall be deemed automatically upon, and as a condition of, occupying or using the Premises or any part thereof, to any have given a waiver of the covenants, agreements, terms, provisions or type described in and to the extent and upon the conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or set forth in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for five (5) days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Lease (American Realty Capital New York Recovery Reit Inc)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all times have the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant right to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawsame, Tenant shall thereupon pay to Landlord the fixed rent, additional rent supply janitor service and any other sum service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or charge payable hereunder tenants, to post notices of nonresponsibility, and to alter, improve, or repair the Premises and any portion of the Building of which the Premises are a part or to which access is conveniently made through the Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by Tenant the character of the work to Landlord up be performed, provided that entrance to the time Premises shall not be blocked thereby, and further provided that the business of such termination Tenant shall not be interfered with unreasonably. All routine maintenance by Landlord shall be performed after normal business hours except that work in the mechanical room on each floor of this Leasethe Premises shall be permitted during normal business hours. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby unless caused by or resulting from the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem reasonably necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or of such recovery of possession of the premises portions thereof obtained by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the covenantsPremises, agreementsor an eviction, termsactual or constructive, provisions or conditions on the part of or on behalf of Tenant to be kept, observed from the Premises or performed, any portions thereof. Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, without the same constituting an actual or constructive eviction and Landlord may invoke without incurring any remedy allowed at law liability to Tenant therefor, to change the arrangement and/or location of entrances or passage ways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, number or designation by which the Building is commonly known. Except in equity as if specific remedies were not herein provided for. In the event of emergencies or for the provision of routine services, Landlord agrees to provide Tenant with at least twenty-four (a24) hours' prior oral notification of its intention to enter the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry Premises for any of the premises by Landlord under purposes described above, and agrees that Tenant shall have the provisions right to have a representative of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to accompany Landlord, whether as advance rentits agents, security employees or otherwise, but such moneys shall be credited by Landlord against contractors at any fixed rent, additional rent or time while they are within the Premises for any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawpurposes.

Appears in 1 contract

Samples: Atlanta Office Lease Agreement (PRG Schultz International Inc)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Xxxxxx's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Xxxxxx's estate in the payment of Premises, that such subtenant shall waive any fixed rent right to surrender possession or additional rent or any other sum or charge payable hereunder by Tenant to terminate the sublease and, at Xxxxxxxx's election, such subtenant shall be bound to Landlord on for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any date upon previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease not approved by Landlord in writing or by any previous prepayment of more than one (1) month's rent and Additional Rent which shall be payable as provided in the sum becomes duesublease, and shall remain due and owing, notwithstanding such advance payment, (iv) obligated to perform any Work in the subleased space or if this Lease to prepare for occupancy, and in connection with such attornment, the subtenant shall expire as in Article 16 hereof provided, execute and deliver to Landlord of Landlord's agents any instruments Landlord may reasonably request to evidence and servants may immediately, confirm such attornment (v) be obligated to repair the subleased space or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (vi) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vii) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (COMPASS Pathways PLC)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all times have the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant right to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawsame, Tenant shall thereupon pay to Landlord the fixed rent, additional rent supply janitorial service and any other sum service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, mortgagees or charge payable hereunder tenants, to post notices of non-responsibility, and to alter, improve, or repair the Premises and any portion of the Building of which the Premises are a part or to which access is conveniently made through the Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures and equipment in and through the Premises where reasonably required by Tenant the character of the work to Landlord up be performed, provided that entrance to the time Premises shall not be blocked thereby, and further provided that the business of such termination Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of this Leaseoccupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portions thereof obtained by Landlord by any of such recovery of possession said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the premises by LandlordPremises, as the case may beor an eviction, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenantsactual or constructive, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed from the Premises or performed, any portions thereof; Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, without the same constituting an actual or constructive eviction and Landlord may invoke without incurring any remedy allowed at law liability to Tenant therefor, to change the arrangement and/or location of entrances or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereofpassageways, (b) the re-entry doors and doorways, and corridors, elevator, stairs, toilets, or other public parts of the premises Building and to change the name, number of designation by Landlord under which the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawBuilding is commonly known.

Appears in 1 contract

Samples: The Lease (Logisticare Inc)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any fixed rent installment of Base Rent or additional rent or of any other sum or charge payable hereunder by Tenant to Landlord Additional Rent, on any date upon which the sum becomes duesame is due or payable, and if such default shall continue for three (3) Business Days after Landlord shall have given to Tenant notice specifying such default or if this Lease Sublease shall expire as in Article 16 hereof provided25 provided or if an Event of Default shall have occurred, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesPremises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease Sublease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Sublease, or of re-entry) , by or under any summary dispossess or other proceeding or action or any provision of lawlaw by reason of an Event of Default or a default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent Base Rent and any other sum or charge Additional Rent payable hereunder by Tenant to Landlord up to the time of such termination of this LeaseSublease, or of such recovery of possession of the premises Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Attornment Agreement (Jetblue Airways Corp)

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease as a result of a default by Tenant under this Lease or a surrender of the Premises by mutual agreement, Landlord shall have the right, at its option, to take over Tenant's interest as sublessor in any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of Tenant's interest as sublessor in the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease as a result of a default by Tenant hereunder or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed rent previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, or (iii) be bound by any previous modification or amendment of such sublease to which Landlord has not granted its consent or by any previous prepayment of more than one (1) month's Base Rent and additional rent or any other sum or charge which shall be payable hereunder by Tenant as provided in the sublease. The subtenant shall execute and deliver to Landlord on any date instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or licensee of Tenant shall be deemed automatically upon which and as a condition of occupying or using the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Premises or any part thereof, to have given a waiver of the type described in the name third sentence of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, this subsection Q and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold extent and enjoy upon the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used conditions set forth in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Agreement of Lease (Lazare Kaplan International Inc)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default at all reasonable times, upon reasonable prior written or oral notice at least twenty four (24) hours in advance (except in the payment case of any fixed rent or additional rent or any other sum or charge payable hereunder by an emergency, when no notice shall be required), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord on any date upon which at all times, have the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable right to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawsame, Tenant shall thereupon pay to Landlord the fixed rent, additional rent supply janitor service and any other sum service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to show the Premises to prospective purchasers, Mortgagees or charge payable hereunder by Tenant tenants (as to Landlord up to prospective tenants, only during the time of such termination of this Lease, or of such recovery of possession last twelve (12) months of the premises Term), to post notices of nonresponsibility or as otherwise required or allowed by Landlord, as the case may bethis Lease or by law, and shall also pay to Landlord damages as provided in Article 18 hereof. In alter, improve or repair the event of a breach of threatened breach on the part Premises and any portion of the Tenant with respect to any Building and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant work to be keptperformed. Landlord shall not be liable in any manner for any inconvenience, observed disturbance, loss of business, nuisance or performedother damage arising from Landlord’s entry and acts pursuant to this section and Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord exercises any rights reserved in this section, so long as Landlord uses commercially reasonable efforts to minimize interference with Tenant’s use of the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except for Landlord’s gross negligence or willful misconduct. For each of the aforesaid purposes, Landlord shall also at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right of injunction. The specified remedies to use any and all means which Landlord may resort hereunder are cumulative deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and are any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not intended under any emergency circumstances be construed or deemed to be exclusive a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any other remedies or means of redress to which portions thereof. Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the shall use commercially reasonable efforts during re-entry to not unreasonably interfere with Tenant’s use of the premises by Landlord under the provisions of this Article 17, Premises or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawits business conducted therein.

Appears in 1 contract

Samples: Lease Agreement (Dot Hill Systems Corp)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all times have the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant right to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawsame, Tenant shall thereupon pay to Landlord the fixed rent, additional rent supply janitorial service and any other sum service to be provided by Landlord to Tenant hereunder, and upon reasonable prior notification to show the Premises to prospective purchasers, mortgagees or charge payable hereunder tenants, to post notices of non-responsibility, and to alter, improve, or repair the Premises and any portion of the Building of which the Premises are a part or to which access is conveniently made through the Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures and equipment in and through the Premises where reasonably required by Tenant the character of the work to Landlord up be performed, provided that entrance to the time Premises shall not be blocked thereby, and further provided that the business of such termination Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of this Leaseoccupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portions thereof obtained by Landlord by any of such recovery of possession said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of the premises by LandlordPremises, as the case may beor an eviction, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenantsactual or constructive, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed from the Premises or performed, any portions thereof; Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevator, stairs, toilets, or other public parts of the Building and to change the name, number of designation by which the Building is commonly known. Landlord acknowledges that Tenant’s server area and other portions of the Premises may be subject to security procedures established by Tenant, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part agrees to cooperate with reasonable requirements of Tenant, Landlord shall be entitled to retain all monies, if any paid by such as prior notice and the requirement that an employee of Tenant to accompany Landlord, whether as advance rentexcept, security or otherwisehowever, but that any such moneys restrictions shall not be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawapplicable in emergencies.

Appears in 1 contract

Samples: Lease (Danger Inc)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for three (3) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's ’s agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Henry Bros. Electronics, Inc.

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default at all reasonable times, upon reasonable prior notice (except in the payment case of any fixed rent or additional rent or any other sum or charge payable hereunder by an emergency), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord on any date upon which at all times, have the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable right to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 same, to supply any service which Landlord is required to provide to Tenant or in the event Premises hereunder, to show the Premises to prospective purchasers, Mortgagees or (during the last nine (9) months of the termination Term) tenants, to post notices of nonresponsibility or as otherwise required or allowed by this Lease (or by law, and to alter, improve or repair the Premises and any portion of the Building and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed. Landlord shall use commercially reasonable efforts during re-entry) by entry to not unreasonably interfere with Tenant’s use of the Premises or under its business conducted therein. Landlord shall not, however, be liable in any summary dispossess manner for any inconvenience, disturbance, loss of business, nuisance or other proceeding or action or any provision of law, damage arising from Landlord’s entry and acts pursuant to this Section and Tenant shall thereupon pay not be entitled to an abatement or reduction of Rent if Landlord exercises any rights reserved in this Section. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the fixed rentPremises, additional rent and any other sum or charge payable hereunder by Tenant to loss occasioned thereby. Landlord up to shall provide the time of such termination of this Lease, or of such recovery of possession Lessee 24 advance notice of the premises by Landlord, as need for the case may be, Premises access and shall also pay to Landlord damages as provided in Article 18 hereofonly access the Premises during Lessee operating hours. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to use any and all means which Landlord may resort hereunder are cumulative and are not intended deem necessary or proper to be exclusive open said doors in an emergency, in order to obtain entry to any portion of any other remedies or means of redress to which Landlord may lawfully be entitled at any timethe Premises, and Landlord may invoke any remedy allowed at law entry to the Premises, or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises portion thereof obtained by Landlord under the provisions by any of this Article 17said means, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall not under any emergency circumstances be credited by Landlord against any fixed rentconstrued or deemed to be a forcible or unlawful entry into, additional rent or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawportions thereof.

Appears in 1 contract

Samples: Lease Agreement

RE-ENTRY BY LANDLORD. 25.01. If Tenant shall default in the payment of any installment of fixed rent rent, or of any installment of additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid and if such default shall continue for five (5) days after written notice thereof, or if this Lease shall expire as provided in Article 16 hereof provided24, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold hold, and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 24 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease, or re-entry orof such recovery of possession or the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law26.

Appears in 1 contract

Samples: Intelligroup Inc

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for five (5) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwiseany lawful measures, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Promotions Com Inc

RE-ENTRY BY LANDLORD. A. If Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum same becomes due, and if such default shall continue for ten (10) days after Landlord shall have given to Tenant a written notice specifying such default, or if this Lease shall expire and terminate as in Article 16 hereof 19 provided, Landlord of or Landlord's agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", ," "re-entry," and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof 19, or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 20 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay be responsible for Tenant's obligations pursuant to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord this Lease up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law21.

Appears in 1 contract

Samples: Lease (Medjet Inc)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all times have the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant rights to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under Premises to inspect the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawsame, Tenant shall thereupon pay to Landlord the fixed rent, additional rent supply janitor service and any other sum service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers mortgagees or charge payable hereunder tenants (only within the last eighteen (18) months of the term hereof as to prospective tenants), and to alter, improve, or repair the Premises and any portion of the Building of which the Premises are a part or to which access is conveniently made through the Premises, with out abatement of rend, and may for the purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by Tenant the character of the work to Landlord up be performed, provided that entrance to the time Premises shall not be blocked there by, and further provided that the business of such termination Tenant shall not be interfered with unreasonably. Tenant hereby waves any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of this Leaseoccupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, unless said damage or loss resulted from Landlord’s negligence or willful misconduct. For each of the aforesaid purposes. Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency in order to obtain entry to any portion of the Premises, and any entry to the Premises, or of such recovery of possession of the premises portions thereof obtained by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be forcible or unlawful entry into or a detainer of , the covenantsPremises, agreementsor an eviction, termsactual or constructive, provisions or conditions on the part of or on behalf of Tenant to be kept, observed from the Premises or performed, any portions thereof. Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, without the same constituting an actual or constructive eviction and Landlord may invoke without incurring any remedy allowed at law liability to Tenant therefor, to change the arrangement and/or location of entrances or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereofpassage ways, (b) the re-entry doors and doorways and corridors, elevators, stairs, toilets, or other public parts of the premises by Landlord under Building not within the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawPremises.

Appears in 1 contract

Samples: Office Lease Agreement (Ws Financing Corp)

RE-ENTRY BY LANDLORD. 25.01. If Tenant shall default in the payment of any installment of fixed rent rent, or of any installment of additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid and if such default shall continue for five (5) days after written notice thereof, or if this Lease shall expire as provided in Article 16 hereof provided24, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the t e name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold hold, and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 24 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease, or re-entry orof such recovery of possession or the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law26.

Appears in 1 contract

Samples: Lease (Robotic Lasers Inc)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for three (3) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (Lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this Lease or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Lease (Aveta Inc)

RE-ENTRY BY LANDLORD. 24.01. If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for three (3) days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 23 provided, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter"enter as herein used, "re-entry" and "re-entered" as used in this Lease are is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 23 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law23.

Appears in 1 contract

Samples: Agreement of Lease (Biospecifics Technologies Corp)

RE-ENTRY BY LANDLORD. If Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of or Landlord's ’s agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event of the termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of or threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's ’s option, against any damages payable by Tenant under Article 18 hereof or pursuant to law.

Appears in 1 contract

Samples: Commercial Lease

RE-ENTRY BY LANDLORD. If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over. Tenant hereby expressly assigns and transfers to Landlord such of the subleases and sublettings as Landlord may elect to take over at the time of such recovery of possession, such assignment and transfer not to be effective until the termination of this Lease or re-entry by Landlord hereunder or if Landlord shall otherwise succeed to Tenant's estate in the Premises, at which time Tenant shall default upon request of Landlord, execute, acknowledge and deliver to Landlord such further instruments of assignment and transfer as may be necessary to vest in Landlord the then existing subleases and sublettings. Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant's estate in the payment Premises, the such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord's election; such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any fixed previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month's rent or and additional rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes due, or if this Lease shall expire as in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon the premises, Building or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are not restricted to their technical legal meanings. In the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any termination of this Lease under the provisions of Article 16 hereof or in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the termination net proceeds of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay award actually made available to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant as consequential damages allocable to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect subleased space or the Building not taken or (vi) be obligated to perform any work in the subleased space of the covenantsBuilding or to prepare them for occupancy beyond Landlord's obligations under this Lease, agreements, terms, provisions and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. Each subtenant or conditions on the part of or on behalf licensee of Tenant shall be deemed automatically upon and as a condition of occupying or using the Premises or any part thereof, to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry given a waiver of the premises by Landlord under type described in and to the provisions of extent and upon the conditions set forth in this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Landlord shall be entitled to retain all monies, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to law12.

Appears in 1 contract

Samples: Execution Original (Thrupoint Inc)

RE-ENTRY BY LANDLORD. 26.01 If Tenant shall default in the payment of any installment of fixed rent rent, or of any additional rent or any other sum or charge payable hereunder by Tenant to Landlord rent, on any date upon which the sum becomes duesame ought to be paid, and if such default shall continue for ten (10) business days after Landlord shall have given to Tenant a notice specifying such default, or if this Lease lease shall expire as in Article 16 hereof 25 provided, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold and enjoy the premises Demised Premises again as and of its first estate and interest therein. The words "word re-enter", "re-entry" and "re-entered" as used in this Lease are herein used, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of this Lease lease under the provisions of Article 16 hereof 25 or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 or in the event of the termination of this Lease (lease, or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession of the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. In the event of a breach of threatened breach on the part of the Tenant with respect to any of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord shall also have the right of injunction. The specified remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may lawfully be entitled at any time, and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of this Lease under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 17, or (c) the termination of this Lease (or re-entry) by or under any summary dispossess or other proceeding or action or any provision of law by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord shall be entitled to retain all monies, if any paid the fixed rent and additional rent payable by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge due from Tenant at up to the time of such termination of this lease, or re-entry orof such recovery of possession of the Demised Premises by Landlord, at Landlord's optionas the case may be, against any and shall also pay to Landlord damages payable by Tenant under as provided in Article 18 hereof or pursuant to law27.

Appears in 1 contract

Samples: Atalanta Sosnoff Capital Corp /De/

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