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 14 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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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 lawlaw by reason of default 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 up to the time of such termination of this Lease, or of such recovery of possession of or the premises Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof26. 25.02. In the event of a breach of or threatened breach on the part by Landlord or Tenant of the Tenant with respect to any of their respective obligations under this Lease, either Landlord or Tenant, as the covenantscase may be, 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 special 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 the parties 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. 25.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof24, (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 any 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 moniesmoneys, if any any, paid by Tenant to Landlord, whether as advance rent, security security, or otherwise, but such moneys 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 re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof 26 or pursuant to law.

Appears in 4 contracts

Samples: Lease Agreement (Life Medical Sciences Inc), Lease Agreement (Globespan Inc/De), Lease Agreement (I Many 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 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 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.), Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, 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 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 3 contracts

Samples: Store Lease, Commercial Lease, Commercial Lease

RE-ENTRY BY LANDLORD. a) If Tenant shall default in the payment of any fixed rent or additional rent a Default Termination occurs or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which default specified in Sections 17.1 (a) through (g) occurs and continues beyond the sum becomes due, or period of grace (if this Lease shall expire as in Article 16 hereof providedany) therefor, Landlord of or Landlord's agents and servants ’s authorized representatives may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the wholePremises and remove all persons and all property therefrom, either by summary dispossess dispossession 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 Premises. No re-entry or repossession of the Premises by Landlord or its representatives under this Section 18.3 shall be construed as and an election to terminate this Lease unless a notice of its first estate and interest thereinsuch election is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. The words "re-enter", "re-entry" and "re-entered" entering” as used in this Lease herein are not restricted to their technical legal meanings. In . b) If any default specified in Sections 17.1 (a) through (g) occurs and continues beyond the event period of grace (if any) therefor, then if Landlord does not elect to terminate this Lease Landlord may, from time to time and without terminating this Lease, enforce all its rights and remedies under this Lease, including the right to recover the Fixed Monthly Rent and Additional Rent as the same becomes payable by Tenant hereunder. i) If Landlord consents thereto, Tenant may sublet the Premises or any termination part thereof (which consent Landlord agrees will not be unreasonably withheld), subject to Tenant’s compliance with the requirements of Article 11 of this Lease under Lease. So long as Landlord is exercising this remedy it will not terminate Tenant’s right to possession of the provisions of Article 16 hereof or Premises, but it may engage in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event acts permitted by Section 1951.4(c) of the termination of this Lease (or of re-entryCalifornia Civil Code. c) by or under any summary dispossess or other proceeding or action or any provision of law, If Tenant shall thereupon pay to Landlord abandons the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination Premises in breach of this Lease, Landlord shall have the right to relet the Premises or any part thereof on such terms and conditions and at such rentals as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs in and to the Premises necessary to reletting. If Landlord so elects to relet, then gross rentals received by Landlord from the reletting shall be applied: i) first, to the payment of such recovery of the reasonable expenses incurred or paid by Landlord in re-entering and securing possession of the premises Premises and in the reletting thereof (including, without limitation, altering and preparing the Premises for new tenants and brokers’ commissions); ii) second, to the payment of the Fixed Monthly Rent and Additional Rent payable by LandlordTenant hereunder; and iii) third, the remainder, if any, to be retained by Landlord and applied to the payment of future Fixed Monthly Rent and Additional Rent as the case may be, and shall also same become due. Should the gross rentals received by Landlord from the reletting be insufficient to pay to Landlord damages as provided in Article 18 hereof. In full 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 sums stated in equity as if specific remedies were not herein provided for. In the event of Section 18.3 (a) the termination of this Lease under the provisions of Article 16 hereof, and (b) hereinabove, Tenant shall, upon demand, pay 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 deficiency 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 3 contracts

Samples: Office Lease (Ziprecruiter, Inc.), Office Lease (Ritter Pharmaceuticals Inc), Office Lease (National Mercantile Bancorp)

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: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks 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: Lease Agreement (Thrupoint Inc), Lease Agreement (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 lawlaw by reason of default 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 up to the time of such termination of this Lease, 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease 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) 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 Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys 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 re-entry or, at Landlord's ’s option, against any damages payable by Tenant under Article 18 hereof 27 or pursuant to law.

Appears in 2 contracts

Samples: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)

RE-ENTRY BY LANDLORD. Section 13.01 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 terminate as provided in Article 16 12 hereof provided, Landlord of or Landlord's ’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 otherwiseto the extent permitted by applicable Requirements, 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 "re-enter", "re-entry" and "re-entered" entering” as used in this Lease are not restricted to their technical legal meanings. . Section 13.02 In the event of any termination of this Lease under the provisions of Article 16 12 hereof or in the event that Landlord shall re-enter the premises Premises under the provisions of this Article 17 13 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 Landlord for the enforcement of its aforesaid right of re-entry or any provision of lawlaw (any such termination of this Lease being herein called a “Default Termination”), Tenant shall thereupon pay to Landlord the fixed rentFixed 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, Default Termination 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 hereof14 hereof or pursuant applicable Requirements. In Also, 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, Default Termination Landlord shall be entitled to retain all moniesmoneys, if any any, paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rentFixed Rent, additional rent or any other sum or charge due from Tenant at the time of such termination or re-entry Default Termination or, at Landlord's ’s option, against any damages payable by Tenant under Article 18 14 hereof or pursuant to lawapplicable Requirements. Section 13.03 In the event of a breach or threatened breach on the part of either Landlord or Tenant of its respective obligations hereunder, Landlord and Tenant shall each have the right to seek injunction against the breaching party. The specified remedies to which Landlord or Tenant may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord or Tenant, as the case may be, may lawfully be entitled at any time and Landlord or Tenant, as the case may be, may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for.

Appears in 2 contracts

Samples: Lease (Warner Music Group Corp.), Lease (Warner Music Group Corp.)

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. A. If Tenant shall be in default in the payment of beyond any fixed rent applicable notice and/or cure period, then Landlord shall give to Tenant a written notice specifying such default, and Landlord 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 immediatelymay, upon at least five (5) business days' prior notice, 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 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 to Landlord the fixed rent, be liable for payment of 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 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. 21. B. 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 or 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. . C. In the event of (a1) the termination of this Lease under the provisions of Article 16 19 hereof, (b2) the re-entry of the premises by Landlord under the provisions of this Article 1720, or (c3) 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 beyond any applicable notice and/or cure period on the part of Tenant, Landlord shall be entitled to retain all moniesmoneys, if any 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 21 or pursuant to law.

Appears in 2 contracts

Samples: Lease Agreement (Amedia Networks, Inc.), Lease Agreement (Qmed 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 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. 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 lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent Fixed Rent and any other sum or charge Additional Rent 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. In the event of (a) the termination of Make reciprocal. 26.03 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 of 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 Tenant to Landlord, whether as advance rentFixed Rent or Additional Rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent Fixed Rent or any other sum or charge Additional Rent 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 27 or pursuant to lawlaw with any excess refunded to Tenant.

Appears in 2 contracts

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

RE-ENTRY BY LANDLORD. 25.01. If Tenant shall default defaults in the payment of any fixed rent 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 dueAdditional Charges, and such default continues for five days, or if this Lease shall expire terminates 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 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 person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinPremises. The words word "re-enter", "re-entry" and "re-entered," as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 24, or in the event that if Landlord shall re-enter enters the premises Premises under the provisions of this Article 17 25, 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 lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent Fixed Rent and any other sum or charge Additional Charges 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 Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof26. 25.02. In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 25.03. In the event of (a) the termination of If this Lease terminates under the provisions of Article 16 hereof24, (b) the or if Landlord re-entry of enters the premises by Landlord 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, additional rent Fixed Rent or any other sum or charge Additional Charges 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 26 or pursuant to law.

Appears in 2 contracts

Samples: Lease (Hirsch International Corp), Lease (Progenics Pharmaceuticals Inc)

RE-ENTRY BY LANDLORD. (a) If there shall occur any Default and the Term shall expire and come to an end as provided in Section 18.02 hereof, Tenant shall default in quit and peacefully surrender the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Tenant Premises to Landlord, and 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 and its agents and servants may immediately, or at any time thereafterafter the Term shall expire and come to an end, re-enter into or upon the premises, Premises or any part thereof, in the name of the wholethereof without notice, either by summary dispossess proceedings proceedings, or by any suitable other applicable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages thereforproceeding, and may repossess the same, Premises and may dispossess Tenant and any other persons from the Premises and remove any and all of their property and effects from the Premises. (b) Tenant, on its own behalf and on behalf of all persons therefromclaiming through or under Tenant, including all creditors, does further hereby waive any and all rights which Tenant and all such persons might otherwise have under any present or future Law to redeem the Premises, or to re-enter or repossess the Premises, or to restore the operation of this Lease, after (a) Tenant shall have been dispossessed by a judgment or by warrant of any court or judge, or (b) any re-entry by Landlord after a termination of this Lease pursuant to Section 18.02 hereof, or (c) any expiration or termination of this Lease and the Term, whether such dispossess, re-entry, expiration or termination shall be by operation of law or pursuant to the end that Landlord may have, hold and enjoy the premises again as and provisions of its first estate and interest thereinthis Lease. The words "re-enter", ",” “re-entry" and "re-entered" as used in this Lease are shall not be deemed to be 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-entryc) 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 by Tenant, or any persons claiming through or under Tenant, of the Tenant with respect to any term, covenant or condition of the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performedthis Lease, Landlord shall also have the right of injunctionto enjoin such breach and the right to invoke any other remedy allowed by Law or in equity. The specified right to invoke the remedies to which Landlord may resort hereunder hereinbefore set forth are cumulative and are shall not intended to be exclusive of preclude Landlord from invoking 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 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 lawequity.

Appears in 2 contracts

Samples: Office Lease Agreement (Pubmatic, Inc.), Office Lease Agreement (Pubmatic, Inc.)

RE-ENTRY BY LANDLORD. Section 13.01 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 terminate as provided in Article 16 12 hereof provided, Landlord of or Landlord's ’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 otherwiseotherwise (to the extent permitted by New York 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 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. . Section 13.02 In the event of any termination of this Lease under the provisions of Article 16 12 hereof or in the event that Landlord shall re-enter the premises Premises under the provisions of this Article 17 13 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 Landlord for the enforcement of its aforesaid right of re-entry or any provision of lawlaw (any such termination of this Lease being herein called a “Default Termination”), Tenant shall thereupon pay to Landlord the fixed rentFixed 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, Default Termination 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 hereof14 hereof or pursuant to law. Also, in the event of a Default Termination Landlord shall be entitled to retain all moneys, 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 charge due from Tenant at the time of such Default Termination or, at Landlord’s option, against any damages payable by Tenant under Article 14 hereof or pursuant to law. Section 13.03 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 performedTenant’s obligations hereunder, 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, 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 2 contracts

Samples: Lease (Paramount Group, Inc.), Lease (Crown Media Holdings 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: Assignment and Amendment of Lease (Talkpoint Communications Inc), Lease Agreement (Nextvenue 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 becomes due, or if this Lease shall expire as in Article 16 hereof provideda Default Termination occurs, Landlord of or Landlord's agents and servants ’s authorized representatives may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the wholePremises and remove all persons and all property therefrom, either by summary dispossess dispossession proceedings or by any suitable action or proceeding at by 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 Premises. No re-entry or repossession of the Premises by Landlord or its representatives under this Section 18.3 shall be construed as and an election to terminate this Lease unless a notice of its first estate and interest thereinsuch election is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. The words "re-enter", "re-entry" and "re-entered" entering” as used in this Lease herein are not restricted to their technical legal meanings. In . (b) If any default specified in Sections 17.1 (a) through (g) occurs and continues beyond the event period of grace (if any) therefor, then if Landlord does not elect to terminate this Lease Landlord may, from time to time and without terminating this Lease, enforce all its rights and remedies under this Lease, including the right to recover the Fixed Monthly Rent and Additional Rent as the same becomes payable by Tenant hereunder. (i) If Landlord consents thereto, Tenant may sublet the Premises or any termination part thereof (which consent Landlord agrees will not be unreasonably withheld), subject to Tenant’s compliance with the requirements of Article 11 of this Lease under Lease. So long as Landlord is exercising this remedy it will not terminate Xxxxxx’s right to possession of the provisions of Article 16 hereof or Premises, but it may engage in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event acts permitted by Section 1951.4(c) of the termination of this Lease California Civil Code. (or of re-entryc) by or under any summary dispossess or other proceeding or action or any provision of law, Tenant shall thereupon pay to Landlord If Xxxxxx abandons the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination Premises in breach of this Lease, Landlord shall have the right to relet the Premises or any part thereof on such terms and conditions and at such rentals as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs in and to the Premises necessary to reletting. If Landlord so elects to relet, then gross rentals received by Landlord from the reletting shall be applied: (i) first, to the payment of such recovery of the reasonable expenses incurred or paid by Landlord in re-entering and securing possession of the premises Premises and in the reletting thereof (including, without limitation, altering and preparing the Premises for new tenants and brokers’ commissions); (ii) second, to the payment of the Fixed Monthly Rent and Additional Rent payable by LandlordTenant hereunder; and (iii) third, the remainder, if any, to be retained by Landlord and applied to the payment of future Fixed Monthly Rent and Additional Rent as the case may be, and shall also same become due. Should the gross rentals received by Landlord from the reletting be insufficient to pay to Landlord damages as provided in Article 18 hereof. In full 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 sums stated in equity as if specific remedies were not herein provided for. In the event of Section 18.3 (a) the termination of this Lease under the provisions of Article 16 hereof, and (b) hereinabove, Tenant shall, upon demand, pay 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 deficiency 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 2 contracts

Samples: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)

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 lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent Fixed Rent and any other sum or charge Additional Rent 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of to injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. In the event of (a) the termination of Make reciprocal. 26.03 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 of 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 Tenant to Landlord, whether as advance rentFixed Rent or Additional Rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, additional rent Fixed Rent or any other sum or charge Additional Rent 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 27 or pursuant to lawlaw with any excess refunded to Tenant.

Appears in 2 contracts

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

RE-ENTRY BY LANDLORD. 25.01. 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 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 reenter 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 lawlaw by reason of default 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 up to the time of such termination of this Lease, or of such recovery of possession of or the premises Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof26. 25.02. In the event of a breach of or threatened breach on the part by Landlord or Tenant of the Tenant with respect to any of their respective obligations under this Lease, either Landlord or Tenant, as the covenantscase may be, 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 special 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 the parties 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. 25.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof24, (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 any 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 moniesmoneys, if any any, paid by Tenant to Landlord, whether as advance rent, security security, or otherwise, but such moneys 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 re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof 26 or pursuant to law.

Appears in 1 contract

Samples: Sublease Agreement (I Many Inc)

RE-ENTRY BY LANDLORD. 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 terminate as provided in Article 16 hereof provided25, 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, law without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered," as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated 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 26, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 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 breach by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 26.03. In the event of (a) the termination of 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 1726, 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 rentAdvance Rent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 27 or pursuant to law.

Appears in 1 contract

Samples: Lease (G Iii Apparel Group LTD /De/)

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 lawlaw by reason of default 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 up to the time of such termination of this Leaselease, 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 hereof. 27. 26.02 In the event of a breach by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease 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 moniesmoneys, if any 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, rent or 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 27 or pursuant to law.

Appears in 1 contract

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

RE-ENTRY BY LANDLORD. 26.01 If Tenant there shall occur any default described in Article 25 hereof, and such default shall continue beyond the payment expiration of the cure period therefore provided in Article 25 (after 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 duerequired notice), or if this Lease lease shall expire terminate 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 lawlaw by reason of default 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 up to the time of such termination of this Leaselease, 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease 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 moniesmoneys, if any 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, rent or 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 27 or pursuant to lawlaw and any excess shall be promptly paid or returned to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Ivillage Inc)

RE-ENTRY BY LANDLORD. Section 22.1 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 terminate as provided in Article 16 hereof provided21, Landlord or Landlord’s agents (including the Board of Landlord's agents and servants Managers) may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premises, Demised Premises or any part thereof, in the name of the whole, either thereof by summary dispossess proceedings or by any suitable other action or proceeding at law, or by force or otherwiseproceeding, 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, is not restricted to their its 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. meaning. Section 22.2 In the event of a breach of or threatened breach on the part by Landlord or Tenant of the Tenant with respect to any of its obligations under this Lease, the covenants, agreements, terms, provisions other party (or conditions on the part Board of Managers in the case of such breach or on behalf of Tenant to be kept, observed or performed, Landlord threatened breach by Xxxxxx) shall also have the right of injunction. The specified special remedies to which Landlord Landlord, Tenant or the Board of Managers may resort hereunder are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord such parties may lawfully be entitled at any time, time and Landlord such parties may invoke any remedy allowed at by law or in equity as if specific remedies were not herein provided forfor herein. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof21, (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 entry for 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 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 amounts 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 lawentry.

Appears in 1 contract

Samples: Contract of Sale

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: Lease Agreement (Yodle 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 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 tenants (as to prospective tenants, only during the last eighteen (18) months of the 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 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 not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord's entry and acts pursuant to this paragraph and Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord up 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 Premises, and any other loss occasioned thereby, except to the time of such termination of this Lease, extent caused by Landlord's gross negligence 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 end 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 (Harmonic Inc)

RE-ENTRY BY LANDLORD. 28.01. 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 dueRent, and such default shall continue for ten (10) days after notice thereof, or if this Lease shall expire terminate as provided in Article 16 hereof provided27, Landlord of or Landlord's agents ’s agent 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 terminating the Lease and without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words "word “re-enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 28, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof29. 28.02. In the event of a breach of or threatened breach on the part by a party of the Tenant with respect to any of its obligations under this Lease, the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord other party shall also have the right of injunction. 28.03. 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 If this Lease shall terminate under the provisions of Article 16 hereof27, (b) the or if Landlord shall re-entry of enter the premises by Landlord Demised Premises under the provisions of this Article 1728, or (c) in the event of the termination of this Lease (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 any, paid by Tenant to Landlord, Landlord whether as advance rentAdvance Rent, security Security Deposit (and interest thereon, if any) or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 29 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom 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. 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: Lease Agreement (Logisticare Inc)

RE-ENTRY BY LANDLORD. 25.01. 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 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 lawlaw by reason of default 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 up to the time of such termination of this Lease, or of such recovery of possession of or the premises Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof26. 25.02. In the event of a breach of or threatened breach on the part by Landlord or Tenant of the Tenant with respect to any of their respective obligations under this Lease, either Landlord or Tenant, as the covenantscase may be, 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 special 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 the parties 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. 25.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof24, (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 any 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 moniesmoneys, if any any, paid by Tenant to Landlord, whether as advance rent, security security, or otherwise, but such moneys 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 re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof 26 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Pxre Group LTD)

RE-ENTRY BY LANDLORD. 25.01. 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 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 law (but not by force or otherwiseother self-help), 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 lawlaw by reason of default 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 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 hereof26. 25.02. In the event of a breach of or threatened breach on the part by Landlord or Tenant of the Tenant with respect to any of their respective obligations under this Lease, either Landlord or Tenant, as the covenantscase may be, 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 special 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 the parties 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. 25.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof24, (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 any 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 moniesmoneys, if any any, paid by Tenant to Landlord, whether as advance rent, security security, or otherwise, but such moneys 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 re-entry or, at Landlord's ’s option, against any damages payable by Tenant under Article 18 hereof 26 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Ikanos Communications)

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: Lease Agreement (Viatel Inc)

RE-ENTRY BY LANDLORD. 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 installment of 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 shall expire as in Article 16 hereof 25, provided, Landlord of or Landlord's ’s agents and servants employees may 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 reenter the premises Demised Premises under the provisions of this Article 17 26 or in the event of the termination of this Lease (Lease, or of re-entry) reentry, by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease shall terminate under the provisions of Article 16 hereof25, (b) or if Landlord shall reenter the re-entry of the premises by Landlord Demised Premises under the provisions of this Article 1726, or (c) in the event of the termination of this Lease (Lease, or re-entry) of reentry, 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 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 Rent due from Tenant at the time of such termination or re-entry reentry or, at Landlord's ’s option, against any damages payable by Tenant under Article 18 hereof 27 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Tangoe Inc)

RE-ENTRY BY LANDLORD. If Tenant shall default in (a) Provided, and it is hereby expressly agreed, that if and whenever the payment of any fixed rent or additional rent hereby reserved or any other sum or charge payable hereunder by Tenant to Landlord part thereof, shall be unpaid on any the date upon which the sum becomes duesame ought to have been paid, or if this Lease although no formal demand shall expire as in Article 16 hereof providedhave been made therefor, then it shall be lawful for the Landlord of Landlord's agents and servants may immediately, or at any time thereafter, to re-enter into or and upon the premises, Demised Premises or any part thereof, thereof in the name of the wholewhole and to have, repossess and enjoy the same again, as of its former estate. (b) In the event that the Tenant shall be in default of any of its covenants hereunder, other than its covenant to pay rent, in addition to any other right which the Landlord may have hereunder, the Landlord may give to the Tenant notice in writing stating the said default with reasonably sufficient particularity and requiring the said default to be remedied. If such default is not remedied by the Tenant within fifteen (15) days after the receipt of such notice or such longer period as may be reasonably necessary in view of the nature of default, the Landlord may, at its option, either: (i) enter into and upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and this Lease shall thereupon terminate; or (ii) the Landlord may itself take such steps and do or cause to be done such things as may be necessary to remedy and correct such defaults and may thereupon charge as additional rent its total costs and expenses incurred in respect thereof, plus an administrative and supervisory fee equivalent to 15% thereof, to the Tenant who hereby covenants and agrees to pay the same upon demand. (c) Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Demised Premises as the agent of the Tenant either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable for any prosecution therefor. Upon such re-entry the Landlord may re-let the whole or any portion of the Demised Premises for any period equal to indictment, prosecution or damages greater or less than the remainder of the Term and to receive the rent therefor, which rent may be any sum which the Landlord may deem reasonable, to any Tenant which it may deem suitable and may repossess the samesatisfactory, and for any use and purpose which it may remove deem appropriate. In connection with any persons therefromsuch lease, the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determine to be appropriate or helpful in effecting such lease. In no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the end that Landlord may haveDemised Premises, hold or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and enjoy to apply any rent derived from so re-letting the premises again as and Demised Premises upon account of its first estate and interest thereinthe rent due hereunder. The words "Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention of the parties hereto that nothing herein contained and no entry made by the Landlord hereunder shall in any way release the Tenant from the payment of the rent hereby reserved during the Term hereof beyond such sum as may be realized by the Landlord by such re-enter", "letting or by the proceeds of any distress made by the Landlord against the Tenant. The Landlord shall not in any event be required to pay to the Tenant any surplus of any sums received by the Landlord on a re-entry" and "re-entered" as used letting of the Demised Premises in this Lease are not restricted to their technical legal meanings. In excess of the event of any termination of this Lease under the provisions of Article 16 hereof or rent reserved hereunder. (d) Provided further that 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 and shall elect 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 make a re-entry oras hereinbefore provided, at Landlord's optionany re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay rent and other moneys payable as rent or otherwise in accordance with the provisions hereof, against but the same shall continue to accrue and be payable until such time as the Landlord is able to re-let the Demised Premises or otherwise deal with the same in such manner that it would not sustain any damages payable by loss should the Tenant under Article 18 hereof or pursuant thereafter fail to lawpay the rent and additional rent.

Appears in 1 contract

Samples: Lease (Methes Energies International LTD)

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 and the Term and estate hereby granted shall expire terminate for default as provided in Article 16 hereof provided, 22: (a) Landlord of and Landlord's agents and servants may immediately, or at any time thereafter, re-enter into or upon thereupon reenter the premises, Premises or any part thereof, in the name of the wholewithout notice, either by summary dispossess proceedings or by any suitable other applicable action or proceeding at law, or by force or otherwise, otherwise (without being liable to indictment, prosecution or damages therefor), and may repossess the same, Premises and may dispossess Tenant and any other persons therefrom and remove any persons therefromand all of its or their property and effects from the Premises, to the end without liability for damage thereto, so that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "Premises, but in no event shall re-enter"entry be deemed an acceptance of surrender of this Lease; and (b) Landlord, "re-entry" at its option, may relet the whole or any part(s) of the Premises from time to time, either in the name of Landlord or otherwise, to such tenant(s), for such term(s) ending before, on or after the Expiration Date, at such rental(s) and "re-entered" upon such other conditions, which may include concessions and free rent periods, as used Landlord in this Lease are not restricted its sole discretion may determine. Landlord shall have no obligation to their technical legal meanings. In relet the Premises or any part thereof and shall in no event be liable for refusal or failure to relet the Premises or any part thereof, or, in the event of any termination such reletting, for refusal or failure to collect any rent upon any such reletting, and no such refusal or failure shall operate to relieve Tenant of any liability under this Lease or otherwise to affect any such liability. Landlord may make such repairs, improvements, alterations, additions, decorations and other physical changes in and to the Premises as Landlord, in its sole discretion, considers advisable or necessary in connection with any such reletting or proposed reletting, without relieving Tenant of any liability 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 otherwise affecting 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 lawliability.

Appears in 1 contract

Samples: Lease Agreement (Dress Barn Inc)

RE-ENTRY BY LANDLORD. 16.1. If this Lease shall terminate under Article Fifteen, 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 Rent on any date upon which the sum same becomes due, and if such default shall continue for five (5) 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 premisesPremises, 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 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. 16.2. In the event of any termination of If this Lease shall terminate under the provisions of Article 16 hereof Fifteen or in if 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 undertakes any summary dispossess or other proceeding or action or other measure for the enforcement of its right of re-entry (any provision such termination of lawthis Lease or undertaking by the Landlord being 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 Rent 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 beDefault Termination, and shall also likewise pay to the Landlord all such damages which, by reason of such Default Termination, shall be payable by the 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 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. 16.3. In the event of a breach of or threatened breach on the part of the Tenant with respect to of any of its obligations under this Lease, 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 the Landlord may resort hereunder under this Lease 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 for in 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 lawLease.

Appears in 1 contract

Samples: Lease Agreement (G Iii Apparel Group LTD /De/)

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. 27. 26.02 In the event of a breach default or threatened default by Tenant or any Tenant Party 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 performedTenant’s obligations under this Sublease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease Sublease shall terminate under the provisions of Article 16 hereof25, (b) the or if Landlord shall re-entry of enter the premises by Landlord Premises under the provisions of this Article 17Article, or (c) 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 law by reason of an Event of Default or a default hereunder on the part of Tenant, Landlord shall be entitled to retain all moniesmoneys, if any 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 Base Rent or any other sum or charge Additional Rent 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 27 or pursuant to law.

Appears in 1 contract

Samples: Sublease (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, 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: Lease Agreement (Thrupoint Inc)

RE-ENTRY BY LANDLORD. (a) Proviso for re-entry by the Landlord on non-payment of rent or non-performance of covenants, subject to the provisions of this Lease. (c) If the Tenant shall default in the performance of any covenant (other than any covenant to pay rent) on its part to be performed under this Lease, the Landlord may, if such default shall continue for seven (7) days following the giving by the Landlord to the Tenant of written notice of such default perform the same for the account of the Tenant, and may enter upon the Leased Premises for that purpose and shall not be liable to the Tenant for any loss or damage to the Tenant's merchandise or business caused by acts of the Landlord in so remedying the default or neglect of the Tenant. If the Landlord at any time is compelled or elects to pay any sum of money or do any act which would require the payment of any fixed rent sum of money by reason of the failure of the Tenant to comply with any provisions of this Lease or if the Landlord is compelled or elects to incur any expense, including legal fees, by reason of any default of the Tenant under this Lease, the sum or sums, including legal fees so paid by the Landlord with all interest, costs and damages being deemed to be additional rent or any other sum or charge payable hereunder and shall be paid by the Tenant to the Landlord on any date forthwith upon which demand and upon presentation of proof of payment. (d) If the sum becomes due, Landlord shall re-enter or if this Lease shall expire be terminated as in Article 16 hereof provided, Landlord of Landlord's agents aforesaid: (i) rent shall immediately become due 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 be paid up to the time of such re-entry or termination, together with reasonable expenses of the Landlord as set forth in clause (iv) of this subparagraph (d); (ii) the Landlord may re-let the Leased Premises or any part thereof, either in the name of the Tenant or otherwise, for a term or terms which may at the Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant reasonable concessions in connection therewith; (iii) the Landlord, at its option and in addition to any other remedy it may have, may require the Tenant, or the legal representative of the Tenant, to pay the Landlord as liquidated damages, monthly on the first day of each month following such re-entry or termination until the expiration of the period which would otherwise have constituted the balance of the terms of this Lease, any deficiency between: (a) the average of the amounts paid or payable by the Tenant as rent and additional rent for each month during the period of twelve (12) months immediately preceding such re-entry or termination or for each month during the expired term hereof if less than twelve (12) months; and (b) the amount, if any, of the rent collected on account of the Lease or Leases of the Leased Premises, for each month of the period which would otherwise have constituted the balance of the term of this Lease; and (iv) there shall be paid forthwith by the Tenant to the Landlord such reasonable expenses as the Landlord may have incurred in connection with re-letting, including legal costs, solicitors' fees and brokerage, and the expenses of keeping the Leased Premises in good order or of such recovery of possession of preparing the premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. same for re-letting. (e) In the event of a breach of or threatened breach on the part of by the Tenant with respect to of any of the covenantscovenants or provisions of this Lease, 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 re-entry and other remedies were not herein provided forfor in this Lease. In Mention in this Lease of any particular remedy shall not preclude the event of (a) Landlord from any other remedy available to it at law or equity. All rights and remedies granted to the termination Landlord by the terms of this Lease under the provisions of Article 16 hereofmay be enforced successively, (b) the re-entry of the premises concurrently and/or cumulatively 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 lawit.

Appears in 1 contract

Samples: Lease Agreement (International Menu Solutions Corp)

RE-ENTRY BY LANDLORD. a) If Tenant shall default in the payment of any fixed rent or additional rent a Default Termination occurs or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which default specified in Sections 17.1 (a) through (g) occurs and continues beyond the sum becomes due, or period of grace (if this Lease shall expire as in Article 16 hereof providedany) therefor, Landlord of or Landlord's agents and servants ’s authorized representatives may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the wholePremises and remove all persons and all property therefrom, either by summary dispossess dispossession 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 Premises. No re-entry or repossession of the Premises by Landlord or its representatives under this Section 18.3 shall be construed as and an election to terminate this Lease unless a notice of its first estate and interest thereinsuch election is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. The words "re-enter", "re-entry" and "re-entered" entering” as used in this Lease herein are not restricted to their technical legal meanings. In . b) If any default specified in Sections 17.1 (a) through (g) occurs and continues beyond the event period of grace (if any) therefor, then if Landlord does not elect to terminate this Lease Landlord may, from time to time and without terminating this Lease, enforce all its rights and remedies under this Lease, including the right to recover the Fixed Monthly Rent and Additional Rent as the same becomes payable by Tenant hereunder. i) If Landlord consents thereto, Tenant may sublet the Premises or any termination part thereof (which consent Landlord agrees will not be unreasonably withheld), subject to Tenant’s compliance with the requirements of Article 11 of this Lease under Lease. So long as Landlord is exercising this remedy it will not terminate Tenant’s right to possession of the provisions of Article 16 hereof or Premises, but it may engage in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event acts permitted by Section 1951.4(c) of the termination of this Lease (or of re-entryCalifornia Civil Code. c) by or under any summary dispossess or other proceeding or action or any provision of law, If Tenant shall thereupon pay to Landlord abandons the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination Premises in breach of this Lease, Landlord shall have the right to relet the Premises or any part thereof on such terms and conditions and at such rentals as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs in and to the Premises necessary to reletting. If Landlord so elects to relet, then gross rentals received by Landlord from the reletting shall be applied: i) first, to the payment of such recovery of the reasonable expenses incurred or paid by Landlord in re-entering and securing possession of the premises Premises and in the reletting thereof (including, without limitation, altering and preparing the Premises for new tenants and brokers' commissions); ii) second, to the payment of the Fixed Monthly Rent and Additional Rent payable by LandlordTenant hereunder; and iii) third, the remainder, if any, to be retained by Landlord and applied to the payment of future Fixed Monthly Rent and Additional Rent as the case may be, and shall also same become due. Should the gross rentals received by Landlord from the reletting be insufficient to pay to Landlord damages as provided in Article 18 hereof. In full 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 sums stated in equity as if specific remedies were not herein provided for. In the event of Section 18.3 (a) the termination of this Lease under the provisions of Article 16 hereof, and (b) hereinabove, Tenant shall, upon demand, pay 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 deficiency 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: Office Lease (BioSig Technologies, 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 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 tenants (as to prospective tenants, only during the last twelve (12) months of the 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 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 not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord’s entry and acts pursuant to this paragraph and Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord up 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 Premises, and any other loss occasioned thereby, except to the time of such termination of this Lease, extent caused by Landlord’s gross negligence 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 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 (Aruba Networks, 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 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: Lease Agreement (Lazare Kaplan International Inc)

RE-ENTRY BY LANDLORD. 28.01. If Tenant shall default in the payment of any fixed rent or additional rent or any other sum or charge payable hereunder by Rent, and such default shall continue for ten (10) days after notice to Tenant to Landlord on any date upon which specifying the sum becomes duenature of the default, or if this Lease shall expire terminate as provided in Article 16 hereof provided27, Landlord of or Landlord's agents and servants may immediatelyemployees may, upon ten (10) days written notice (which notice shall not be required if Tenant has been given a termination notice, and this Lease shall have been terminated, pursuant to Section 27.02 above) 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 Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered," as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated 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 27, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof29. 28.02. In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 28.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof, (b) the re-entry of the premises by Landlord under the provisions of this Article 1727, 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 rentAdvance Rent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 29 or pursuant to law, and any sums remaining, if any, after the payment to Landlord of such Rent and damages shall be returned to Tenant within fifteen (15) days after written request therefor.

Appears in 1 contract

Samples: Lease Agreement (Icon CMT Corp)

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. 21. (b) 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 provis- ions 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 cumula- tive 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. . (c) In the event of (a1) the termination of this this, Lease under the provisions of Article 16 19 hereof, (b2) the re-entry of the premises by Landlord under the provisions of this Article 1720, or (c3) 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 Tenant to Landlord, whether as advance rent, security 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 21 or pursuant to law.

Appears in 1 contract

Samples: Lease (Medicore 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. 24. B. 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. . C. In the event of (a1) the termination of this Lease under the provisions of Article 16 22 hereof, (b2) the re-entry of the premises by Premises by’ the Landlord under the provisions of this Article 1723, or (c3) 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 the Tenant, the Landlord shall be entitled to retain all moniesmoneys, if any any, paid by the Tenant to the Landlord, whether as advance rent, security Rent or otherwise, but such moneys shall be credited by the Landlord against any fixed rent, additional rent or any other sum or charge Rent due from the Tenant at the time of such termination or re-entry or, at the Landlord's ’s option, against any damages payable by the Tenant under Article 18 hereof 24 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Integra Lifesciences Holdings Corp)

RE-ENTRY BY LANDLORD. 25.01. If Tenant shall default defaults in the payment of any fixed rent 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 dueAdditional Charges, and such default continues for five days after notice of default, or if this Lease shall expire terminates 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 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, law without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinPremises. The words word "re-enter", "re-entry" and "re-entered," as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 24, or in the event that if Landlord shall re-enter enters the premises Premises under the provisions of this Article 17 25, 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 lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent Fixed Rent and any other sum or charge Additional Charges 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 Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof26. 25.02. In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 25.03. In the event of (a) the termination of If this Lease terminates under the provisions of Article 16 hereof24, (b) the or if Landlord re-entry of enters the premises by Landlord 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, additional rent Fixed Rent or any other sum or charge Additional Charges 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 26 or pursuant to law.

Appears in 1 contract

Samples: Lease (Applied Microbiology 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: Lease Agreement (Constant Contact, Inc.)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all reasonable 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 and the provisions Common Area (upon reasonable prior notice (except in the case of an emergency), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times, if such entry is to the Premises) to inspect the same; to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service); to show the Premises and Common Area to prospective purchasers, Mortgagees or tenants (as to prospective tenants other than prospective tenants of any recaptured space, only during the last twelve (12) months of the initial Term or the last twenty-four (24) months of any Extension Term); to post notices of nonresponsibility; to alter, improve or repair the Premises and Common Area and any portion thereof as required or allowed by this Article 17 Lease or by law (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises and Common Area where reasonably required by the character of the work to be performed); and to take, or allow other parties to take, any actions contemplated by the Declaration or the CC&Rs, or in connection with the event remediation orders described in Paragraph 40 [Hazardous Materials Liability], the Clean-up Facilities, or related monitoring or remediation of Hazardous Materials. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord’s or any third party’s (including without limitation pursuant to the Declaration or the CC&Rs) entry and acts pursuant to this Paragraph 19. Tenant shall not be entitled to an abatement or reduction of 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 termination of this Lease (or of re-entry) by or under any summary dispossess or other proceeding or action or any provision of lawPremises, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up loss occasioned thereby, except to the time of such termination of this Lease, or of such recovery of possession of the premises extent caused by Landlord, as ’s gross negligence or willful misconduct. For each Of 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 have the right of injunction. The specified remedies to use any and all means which Landlord may resort hereunder reasonably determines are cumulative and are necessary or proper to open doors on the Premises in an emergency in order to obtain entry to any portion of the Premises. 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 1 contract

Samples: Sub Sublease (Reliant Technologies 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 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 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: Lease Agreement (New York Restaurant Group Inc)

RE-ENTRY BY LANDLORD. 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 dueRent, or if this Lease shall expire terminate as provided in Article 16 hereof provided25, 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, law without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered," as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated 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 26, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 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 breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 26.03. In the event of (a) the termination of 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 1726, 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 rentAdvance Rent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 27 or pursuant to law.

Appears in 1 contract

Samples: Lease (Kasper a S L LTD)

RE-ENTRY BY LANDLORD. If Tenant shall default in (a) In the payment event 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, Default Termination or if this Lease any default specified in paragraphs (a) through (f) of Section 19.1 shall expire as in Article 16 hereof providedhave occurred and be continuing beyond the period of grace (if any) therefor, Landlord of or Landlord's agents and servants authorized representatives may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the whole, Premises and remove all persons and all property therefrom 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 Premises. No re-entry or repossession of the Premises by Landlord or its representatives under this Section 20.2 shall be construed as and an election to terminate this Lease unless a notice of its first estate and interest thereinsuch election is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. The words "re-enter", "re-entry" and "re-enteredentering" as used in this Lease herein are not restricted to their technical legal meanings. (b) In the event any default specified in paragraphs (a) through (f) of Section 19.1 shall have occurred and be continuing beyond the period of grace (if any) therefor, then if Landlord does not elect to terminate this Lease Landlord may, from time to time and without terminating this Lease, enforce all its rights and remedies under this Lease, including the right to recover the fixed rent and additional rent as the same becomes payable by Tenant hereunder. In the event of Landlord so elects, Tenant shall have the right to sublet the Premises or any termination of this Lease under part thereof upon obtaining Landlord's prior consent (which consent Landlord agrees will not be unreasonably withheld) and upon first complying with the provisions of Article 16 hereof or Section 11. So long as Landlord is exercising this remedy it will not terminate Tenant's right to possession of the Premises, but it may engage in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event acts permitted by Section 1951.4(c) of the termination of this Lease California Civil Code. (or of re-entryc) by or under any summary dispossess or other proceeding or action or any provision of law, If Tenant shall thereupon pay to Landlord abandons the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination Premises in breach of this Lease, Landlord shall have the right to relet the Premises or any part thereof on such terms and conditions and at such rentals as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs in and to the Premises necessary to reletting. If Landlord so elects to relet, then gross rentals received by Landlord from the reletting shall be applied: first, to the payment of such recovery of the reasonable expenses incurred or paid by the Landlord in re-entering and securing possession of the premises by LandlordPremises and in the reletting thereof (including, as without limitation, altering and preparing the case may bePremises for new tenants and brokers' commissions); second, 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 payment 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 fixed rent 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 hereunder; and third, the remainder, if any, to lawbe retained by Landlord and applied to the payment of future fixed rent and additional rent as the same become due. Should the gross rentals received by Landlord from the reletting be insufficient to pay in full the sums stated in clauses first and second above, Tenant shall, upon demand, pay the deficiency to Landlord.

Appears in 1 contract

Samples: Office Lease (Sycamore Park Convalescent Hospital)

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 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 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 in accordance with all applicable laws 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 any may repossess the same, and any 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 at 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 lawlaw by reason of default 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 up to the time of such termination of this Leaselease, 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special remedies to which Landlord may way 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, 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 for herein. 26.03 If this Lease 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 of 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 Tenant to Landlord, whether as advance fixed rent or additional rent, security or otherwise, but such moneys 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 re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof 27 or pursuant to law.

Appears in 1 contract

Samples: Lease (Novadigm 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: Office Lease Agreement (PRG Schultz International 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 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 Lease 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 Paragraph and Tenant shall not be entitled to an abatement or reduction of 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 Premises, and any other loss occasioned thereby, except for Landlord's negligence or willful misconduct. For each of the aforesaid 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 Premises or its business conducted therein. Tenant acknowledges that the first floor telephone equipment room provides third party access to the electronic sign equipment that operates the sign facing Highway 101 and that Landlord under retains 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 right to access to such facilities at all times without notice. Tenant acknowledges that it has no right 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 use of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawelectronic sign.

Appears in 1 contract

Samples: Sublease (Cosine Communications Inc)

RE-ENTRY BY LANDLORD. 29.01. 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 dueRent, and such default shall continue for ten (10) days after notice thereof, or if this Lease shall expire terminate as provided in Article 16 hereof provided27, Landlord of or Landlord's agents agent 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 terminating the Lease and without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re---enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 28, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof29. 28.02. In the event of a breach of or threatened breach on the part by a party of the Tenant with respect to any of its obligations under this Lease, the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord other party shall also have the right of injunction. 28.03. 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 If this Lease shall terminate under the provisions of Article 16 hereof27, (b) or if Landlord shall re--enter the re-entry of the premises by Landlord Demised Premises under the provisions of this Article 1728, or (c) in the event of the termination of this Lease (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 any, paid by Tenant to Landlord, Landlord whether as advance rentAdvance Rent, security Security Deposit (and interest thereon, if any) or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 29 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

RE-ENTRY BY LANDLORD. 12.1. If this Lease shall terminate under Article Eleven, 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 Rent on any date upon which the sum same becomes due, and if such default shall continue for five (5) 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, in the name of the wholeSpace, either by summary dispossess disposes proceedings or by any suitable action or proceeding at law, law or by force (if permitted by law) 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 Building 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. 12.2. In the event of any termination of If this Lease shall terminate under the provisions of Article 16 hereof Eleven or in if 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 undertakes any summary dispossess or other proceeding or action or other measure for the enforcement of its right of re-entry (any provision such termination of lawthis Lease or undertaking by the Landlord being 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 Rent 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 beDefault Termination, and shall also likewise pay to the Landlord all such damages which, by reason of such Default Termination, shall be payable by the 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 security for rent, but such moneys shall be credited by the Landlord against any 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. 12.3. In the event of a breach of or threatened breach on the part of the Tenant with respect to of any of its obligations under this Lease, 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 the Landlord may resort hereunder under this Lease 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 by law or in equity as if specific remedies were not herein provided for. In the event of (a) the termination of for in 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 lawLease.

Appears in 1 contract

Samples: Lease Agreement (Premier Research Worldwide LTD)

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: Lease Agreement (Intralinks Inc)

RE-ENTRY BY LANDLORD. WAIVER OF RIGHT OF REDEMPTION ----------------------------- Section 18.01. If Tenant shall default in the payment of any fixed rent Fixed Rent or additional rent or any other sum or charge payable hereunder rent, and such default shall continue for ten (10) days after notice by Landlord to Tenant to Landlord on any date upon which the sum becomes dueof such default, or if this Lease shall expire terminate as provided in Article 16 hereof provided, 17: (a) Landlord of or Landlord's agents and servants agent or employees may immediately, immediately or at any time thereafter, thereafter peaceably 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 other suitable action or proceeding at law, or by force or otherwise, otherwise (without being liable to indictment, prosecution or damages therefor, therefore) and may repossess the same, same and dispossess Tenant and any other person(s) from the Demised Premises and may remove Tenant or any persons and all of their property and effects therefrom, without liability for damages thereto or accountability therefor, to the end that Landlord may have, hold and enjoy the premises again Demised Premises, provided however, in no event, shall any such re-entry be deemed an acceptance of surrender under this Lease; (b) Landlord, at its option, may relet the whole or any portion(s) of the Demised Premises from time to time, either in the name of the Landlord or otherwise, to such tenant or tenants, for such term or terms ending before, or on or after the date originally provided herein as the expiration date of the term hereof, at such rentals and upon such other conditions, which may include concessions and free rent period, as Landlord in its sole discretion may determine. Landlord shall have no obligation to relet the Demised Premises or any portion thereof and shall in no event be liable for refusal or failure to relet the Demised Premises or any portion thereof or, in the event of any such reletting, for failure to collect any rent due upon such reletting, and no such refusal or failure shall operate to release or relieve Tenant from any liability under this Lease or otherwise to affect such liability. Further, Landlord may make such repairs, improvements, alterations, additions, decorations and other physical changes in and to the Demised Premises as Landlord in its first estate and interest therein. The discretion considers advisable or necessary in connection with any such reletting or proposed reletting, without releasing or relieving Tenant from any liability under this Lease or otherwise affecting any such liability; and (c) the words "re-enter", "re-entry" and "re-entered" as used in this Lease are shall not be deemed to be restricted to their technical legal meanings. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 17, or in the event that if Landlord shall re-enter the premises under Demised Premises pursuant to the provisions of this Article 17 Article, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under pursuant to any summary dispossess or other proceeding proceedings or action or any provision of law, law by reason of default hereunder on the part of the Tenant: (i) Tenant shall thereupon pay to Landlord the fixed rent, Fixed 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 Lease, or of such recovery of possession of the premises Demised Premises by Landlord, as the case may be, and (ii) Tenant 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 time19, 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 (aiii) 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 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, Fixed Rent or 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 19 or pursuant to law. Section 18.02. Tenant, on its own behalf and on behalf of all persons claiming through or under Tenant including all creditors, does hereby expressly waive any and all rights, so far as is permitted by law, which Tenant and all such persons might otherwise have to (a) the service of any notice of intention to re- enter or to institute legal proceedings to that end, (b) redeem the Demised Premises or any interest therein, (c) re-enter or repossess the Demised Premises, or (d) restore the operation of this Lease after Tenant shall have been dispossessed by a judgment or by a warrant of any court or judge, or after any re-entry by Landlord, or after any termination of this Lease, whether such dispossess, re-entry by Landlord or termination shall be by operation of law or pursuant to the provisions of this Lease. Section 18.03. In the event of a breach or threatened breach by Tenant of any of its obligations under this Lease, Landlord shall also have the right of injunction. The special remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies 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 provided for herein.

Appears in 1 contract

Samples: Lease (Ogara Co /Oh/)

RE-ENTRY BY LANDLORD. Section 13.01. If Tenant shall default in the payment of any fixed rent 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 terminate as in Article 16 12 hereof provided, Landlord of or Landlord's ’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 Landlord may have, hold and enjoy the premises 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. Section 13.02. In the event of any termination of this Lease under the provisions of Article 16 12 hereof or in the event that Landlord shall re-enter the premises Premises under the provisions of Article 12 or this Article 17 13 or in the event of the termination of this Lease (or of re-entryentry without termination) by or under any summary dispossess or other proceeding or action or other measure undertaken by Landlord for the enforcement of its aforesaid right of re-entry or any provision of lawlaw (any such termination of this Lease, or re-entry without termination, being hereinafter called a “Default Termination” or “Default Re-Entry,” as the case may be), Tenant shall thereupon pay to Landlord the fixed rentFixed Rent, 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 or Default Re-Entry, 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 hereof14 hereof or pursuant to law. Also, in the event of a Default Termination or Default Re-Entry Landlord shall be entitled to retain all moneys, if any paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such monies shall be credited by Landlord against any Fixed Rent, additional rent or any other charge due from Tenant at the time of such Default Termination or Default Re-Entry or, at Landlord’s option, against any damages payable by Tenant under Article 14 hereof or pursuant to law. Section 13.03. 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 to seek an 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 1 contract

Samples: Lease (Harris Interactive Inc)

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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. 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 lawlaw by reason of default 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 up to the time of such termination of this Leaselease, 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease 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 moniesmoneys, if any any, paid by Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against and to the extent of any fixed rent, rent or 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 27 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Hearst Argyle Television 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 upon reasonable notice (in non-emergency situations) and subject to Tenant’s reasonable security measures :(i) to inspect the provisions of this Article 17 or in the event of the termination of this Lease same, (or of re-entryii) 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 supply janitor service and any other sum service to be provided by Landlord to Tenant hereunder, (iii) to show said Premises to prospective purchasers, mortgagees or charge payable hereunder tenants, (iv) to post notices of non-responsibility and (v) 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 portions thereof obtained by Landlord by any of such recovery of possession said means or otherwise in an emergency, or upon reasonable notice during normal business hours and subject to Tenant’s reasonable security measures for each of the premises by Landlordaforesaid purposes, as shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the case may bePremises, 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 or any of the covenantseviction, agreementsactual or constructive, 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 timetime without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefore, 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 (Intellon Corp)

RE-ENTRY BY LANDLORD. If During the twelve (12) month period immediately preceding the Termination Date, Landlord reserves and shall at alt times have the right to reenter the Premises to show said Premises to prospective tenants. Landlord shall make a good faith effort to provide prior reasonable notice of such showings. At any time during the Term of this Lease, Landlord reserves and shall at all times have the right to re-enter the Premises to inspect the same, to supply any service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers or mortgagees, and to alter, improve, or repair the Premises and any portion of the Building, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Building and Premises where reasonably required by the character of the work to be performed, provided entrance to the Premises shall not be blocked thereby, and further provide that the business of Tenant shall default not be interfered with unreasonably. In the event that Landlord requires access to any under-floor duct, Landlord’s liability for carpet (or other floor covering) replacement shall be limited to replacement of the piece removed. 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. 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 the payment of any fixed rent Premises, excluding Tenant’s vaults and safes, or additional rent or any other sum or charge payable hereunder special security areas (previously designated by Tenant to Landlord on in writing by notice given hereunder), and Landlord shall have the right to use any date upon and all means which the sum becomes due, or if this Lease shall expire as Landlord may deem proper to open said doors in Article 16 hereof provided, Landlord of Landlord's agents and servants may immediately, or at an emergency to obtain entry to any time thereafter, re-enter into or upon the premises, or any part thereof, in the name portion 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 thereinPremises. 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 timetime to change the arrangement and/or location of entrances or passageways, doors and doorways, and Landlord may invoke any remedy allowed at law 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: Lease (AquaMed Technologies, Inc.)

RE-ENTRY BY LANDLORD. a) If Tenant shall default in the payment of any fixed rent or additional rent a Default Termination occurs or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which default specified in Sections 17.1 (a) through (g) occurs and continues beyond the sum becomes due, or period of grace (if this Lease shall expire as in Article 16 hereof providedany) therefor, Landlord of or Landlord's agents and servants authorized representatives may immediately, or at any time thereafter, re-enter into or upon the premises, or any part thereof, in the name of the wholePremises and remove all persons and all property therefrom, either by summary dispossess dispossession 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 Premises. No re-entry or repossession of the Premises by Landlord or its representatives under this Section 18.3 shall be construed as and an election to terminate this Lease unless a notice of its first estate and interest thereinsuch election is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. The words "re-enter", "re-entry" and "re-enteredentering" as used in this Lease herein are not restricted to their technical legal meanings,. b) If any default specified in Sections 17.1 (a) through (g) occurs and continues beyond the period of grace (if any) therefor, then if Landlord does not elect to terminate this Lease Landlord may, from time to time and without terminating this Lease, enforce all its rights and remedies under this Lease, including the right to recover the Fixed Monthly Rent and Additional Rent as the same becomes payable by Tenant hereunder. In If Landlord consents thereto, Tenant may sublet the event Premises or any part thereof (which consent Landlord agrees will not be unreasonably withheld), subject to Tenant's compliance with the requirements of any termination Article 11 of this Lease under Lease. So long as Landlord is exercising this remedy it will not terminate Tenant's right to possession of the provisions of Article 16 hereof or Premises, but it may engage in the event that Landlord shall re-enter the premises under the provisions of this Article 17 or in the event acts permitted by Section 1951.4(c) of the termination of this Lease (or of re-entryCalifornia Civil Code, c) by or under any summary dispossess or other proceeding or action or any provision of law, If Tenant shall thereupon pay to Landlord abandons the fixed rent, additional rent and any other sum or charge payable hereunder by Tenant to Landlord up to the time of such termination Premises in breach of this Lease, Landlord shall have the right to relet the Premises or any part thereof on such terms and conditions and at such rentals as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs in and to the Premises necessary to reletting. If Landlord so elects to relet, then gross rentals received by Landlord from the reletting shall be applied: i) FIRST, to the payment of such recovery of the reasonable expenses incurred or paid by Landlord in re-entering and securing possession of the premises Premises and in the reletting thereof (including, without limitation, altering and preparing the Premises for new tenants and brokers' commissions); ii) SECOND, to the payment of the Fixed Monthly Rent and Additional Rent payable by LandlordTenant hereunder; and iii) THIRD, the remainder, if any, to be retained by Landlord and applied to the payment of future Fixed Monthly Rent and Additional Rent as the case may be, and shall also same become due. Should the gross rentals received by Landlord from the reletting be insufficient to pay to Landlord damages as provided in Article 18 hereof. In full 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 sums stated in equity as if specific remedies were not herein provided for. In the event of Section 18.3 (a) the termination of this Lease under the provisions of Article 16 hereof, and (b) hereinabove, Tenant shall, upon demand, pay 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 deficiency 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: Office Lease (Cytrx Corp)

RE-ENTRY BY LANDLORD. 28.01. 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 dueRent, and such default shall continue for ten (10) Business Days after notice thereof, or if this Lease shall expire terminate as provided in Article 16 hereof provided27, Landlord of or Landlord's agents agent 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 Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 28, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof29. 28.02. In the event of a breach of or threatened breach on the part by a party of the Tenant with respect to any of its obligations under this Lease, the covenants, agreements, terms, provisions or conditions on the part of or on behalf of Tenant to be kept, observed or performed, Landlord other party shall also have the right of injunction. 28.03. 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 If this Lease shall terminate under the provisions of Article 16 hereof27, (b) the or if Landlord shall re-entry of enter the premises by Landlord Demised Premises under the provisions of this Article 1728, or (c) in the event of the termination of this Lease (Lease, or re-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, Landlord whether as advance rentAdvance Rent, security Security Deposit (and interest thereon, if any) or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 29 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Access Integrated Technologies Inc)

RE-ENTRY BY LANDLORD. (a) Proviso for re-entry by the Landlord on non-payment of rent or non-performance of covenants, subject to the provisions of this Lease. (b) If the Tenant shall fail to pay any instalment of rent or other sums payable as rent under this Lease when due and shall allow such default to continue for seven (7) days after notice of such default or if the Tenant shall fail to perform any of the other covenants, conditions or agreements in this Lease 12 on the Tenant's part to be observed, kept or performed, and shall allow any such default to continue for seven (7) days (or such longer period as is reasonably necessary to remedy the default, provided that the correction of the default is commenced within such seven (7) day period and diligently proceeded with) following the giving by the Landlord to the Tenant of written notice of such default or if the Tenant shall without the Landlord's prior written consent fail to move into or take possession of the Leased Premises and open for business as provided in this Lease, then the term of this Lease may at the option of the Landlord and without notice to the Tenant be terminated and the term and estate hereby vested in the Tenant any and all other rights of the Tenant hereunder shall thereupon immediately cease and expire as fully and with like effect as if the entire term of the Lease had elapsed. (c) If the Tenant shall default in the performance of any covenant (other than any covenant to pay rent) on its part to be performed under this Lease, the Landlord may, if such default shall continue for seven (7) days following the giving by the Landlord to the Tenant of written notice of such default perform the same for the account of the Tenant, and may enter upon the Leased Premises for that purpose and shall not be liable to the Tenant for any loss or damage to the Tenant's merchandise or business caused by acts of the Landlord in so remedying the default or neglect of the Tenant. If the Landlord at any time is compelled or elects to pay any sum of money or do any act which would require the payment of any fixed rent sum of money by reason of the failure of the Tenant to comply with any provisions of this Lease or if the Landlord is compelled or elects to incur any expense, including legal fees, by reason of any default of the Tenant under this Lease, the sum or sums, including legal fees so paid by the Landlord with all interest, costs and damages being deemed to be additional rent or any other sum or charge payable hereunder and shall be paid by the Tenant to the Landlord on any date forthwith upon which demand and upon presentation of proof of payment. (d) If the sum becomes due, Landlord shall re-enter or if this Lease shall expire be terminated as in Article 16 hereof provided, Landlord of Landlord's agents aforesaid: (i) rent shall immediately become due 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 be paid up to the time of such re-entry or termination, together with reasonable expenses of the Landlord as set forth in clause (iv) of this subparagraph (d); (ii) the Landlord may re-let the Leased Premises or any part thereof, either in the name of the Tenant or otherwise, for a term or terms which may at the Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant reasonable concessions in connection therewith; (iii) the Landlord, at its option and in addition to any other remedy it may have, may require the Tenant, or the legal representative of the Tenant, to pay the Landlord as liquidated damages, monthly on the first day of each month following such re-entry or termination until the expiration of the period which would otherwise have constituted the balance of the terms 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 deficiency between: (a) the average of the amounts paid or payable by the Tenant as rent and additional rent for each month during the period of twelve (12) months immediately preceding such re-entry or termination of this Lease under or for each month during the provisions of Article 16 hereof, expired term hereof if less than twelve (12) months; and (b) the amount, if any, of the rent collected on account of the Lease or Leases of the Leased Premises, for each month of the period which would otherwise have constituted the balance of the term of this Lease; and (iv) there shall be paid forthwith by the Tenant to the Landlord such reasonable expenses as the Landlord may have incurred in connection with re-entry letting, including legal costs, solicitors' fees and brokerage, and the expenses of keeping the premises by Landlord under Leased Premises in good order or of preparing the provisions of this Article 17, or (c) the termination of this Lease (or same for 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 lawletting.

Appears in 1 contract

Samples: Lease Agreement (International Menu Solutions 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 lawlaw by reason of default 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 up to the time of such termination of this Lease, or of such recovery of possession of or the premises Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof26. 25.02. In the event of a breach of or threatened breach on the part by Landlord or Tenant of the Tenant with respect to any of their respective obligations under this Lease, ither Landlord or Tenant, as the covenantscase may be, 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 special 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 the parties 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. 25.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof24, (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 any 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 moniesmoneys, if any any, paid by Tenant to Landlord, whether as advance rent, security security, or otherwise, but such moneys 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 re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof 26 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Robotic Lasers Inc)

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 lawlaw by reason of default 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 up to the time of such termination of this Leaselease, 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 hereof. 26. 25.2 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 25.3 If this Lease lease shall terminate under the provisions of Article 16 hereof24, (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 moniesmoneys, if any 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, rent or 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 26 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Build a Bear Workshop Inc)

RE-ENTRY BY LANDLORD. Section 17.01. If Tenant shall default in the payment of any fixed rent Fixed Rent or additional rent or any other sum or charge payable hereunder rent, and such default shall continue for five (5) days after notice by Landlord to Tenant to Landlord on any date upon which the sum becomes dueof such default, or if this Lease shall expire terminate as provided in Article 16 hereof provided, or any other provision of this Lease: (a) Landlord of or Landlord's agents and servants agent or employees may immediately, immediately or at any time thereafter, rethereafter rc-enter into or upon cater the premisesDemised Premises, or any part thereof, in the name of the whole, either by summary dispossess proceedings or by any other suitable action or proceeding at law, or by force or otherwise, otherwise (without being liable to indictment, . prosecution or damages therefor, therefore) and may repossess the same, same and dispossess Tenant and any other person(s) from the Demised Premises and may remove Tenant or any persons and all of their property and effects therefrom, without liability for damages thereto or accountability therefor, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest therein. The words "Demised Premises, provided however, in no event, shall any such re-enter"entry be deemed an acceptance of surrender under this Lease; (b) Landlord, "re-entry" at its option, may relet the whole or any portion(s) of the Demised Premises from time to time, either in the name of the Landlord or otherwise, to such tenant or tenants, for such term or terms ending before, or on or after the date originally provided herein as the expiration date of the term hereof, at such rentals and "re-entered" upon such other conditions, which may include concessions and free rent period, as used T landlord in this Lease are not restricted its sole discretion may determine. Landlord shall have no obligation to their technical legal meanings. In relet the Demised Premises or any portion thereof and shall in no event be liable for refusal or failure to relet the Demised Premises or any portion thereof or, in the event of any termination of such reletting, for failure to collect any rent due upon such reletting, and no such refusal or failure shall operate to release or relieve Tenant from any liability under this Lease or otherwise to affect such liability. Further, Landlord may make such repairs, improvements, alterations, additions, decorations and other physical changes in and to the Demised Premises as Landlord in its sole discretion considers advisable or necessary in connection with any such reletting or proposed reletting, without releasing or relieving Tenant from any liability under this Lease or otherwise affecting any such fiat City; and (c) If this Lease is terminated under the provisions of Article 16 hereof 16, or in if LandJord shall repenter the event that Landlord shall re-enter the premises under Demised Premises pursuant to the provisions of this Article 17 Article, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under pursuant to any summary dispossess or other proceeding proceedings or action or any provision of law, law by reason of default hereunder on the part of the Tenant: (i) Tenant shall thereupon pay to Landlord the fixed rent, Fixed 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 Lease, or of such recovery of possession of the premises Demised Premises by Landlord, as the case may be, and , (ii) Tenant 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 time18, 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 (aiii) 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 ail 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, Fixed Rent or 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. Section 17.02. Tenant, on its own behalf and on behalf of ail persons claiming through or under Tenant including all creditors, does hereby expressly waive any and all rights, so far as is permitted by law, which Tenant and all such persons might otherwise have to: (a) the service of any notice of intention to re-enter or to institute legal proceedings to that end; (b) redeem the Demised Premises or any interest therein; (c) re-enter or repossess the Demised Premises; or (d) restore the operation of this Lease after Tenant shall have been dispossessed by a judgment or by a warrant of any court or judge, or after any re-entry by Landlord, or after any termination of this Lease, whether such dispossess, re-entry by Landlord or termination shall be by operation of law or pursuant to the provisions of this Lease. Section 17.03. In the event of a breach or threatened breach by Tenant of any of its obligations under this Lease, Landlord shall also have the right of injunction. The special remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies 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 provided for herein. The words "re-entry, "re-entry. and re-entered as used in this Lease shall not be deemed to be restricted to their technical legal meanings.

Appears in 1 contract

Samples: Lease (New Horizons Worldwide Inc)

RE-ENTRY BY LANDLORD. 18.1 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 terminate as provided in Article 16 hereof provided17 hereof, Landlord of or 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 samePremises or any part thereof, 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 "re-enter", "re-entry" and "re-enteredentering" as used in this Lease are not restricted to their technical legal meanings. . 18.2 In the event of any termination of this Lease under the provisions of Article 16 17 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 other measure undertaken by Landlord for the enforcement of lawits right of re-entry (herein called a "Default Termination"), Tenant shall thereupon pay to Landlord the fixed rent, additional rent Fixed Rent and any other sum or charge payable hereunder by Tenant to Landlord Additional Rent 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, Default Termination and shall also pay to Landlord any and all damages as provided in Article 18 hereofthat, by reason of the Default Termination, shall be payable by Tenant under this Lease or pursuant to law. 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 performedDefault Termination, 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 moniesmoney, if any any, paid by Tenant to Landlord, whether as advance rent or as security for rent, security or otherwise, but such moneys the money shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Fixed Rent and Additional Rent due from Tenant at the time of such termination or re-entry the Default Termination or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof this Lease or pursuant to law. 18.3 Tenant, for Tenant, and on behalf of any and all persons, firms and corporations claiming through or under Tenant, including creditors of all kinds, does hereby waive and surrender all right and privilege that they or any of them might have under or by reason of any present or future law to redeem the Premises or to have a continuance of this Lease for the term hereby demised after Tenant is dispossessed or ejected therefrom by process of law or under the terms of this Lease or after the expiration or termination of this Lease as provided herein or pursuant to law. Tenant also waives (a) the right of Tenant to trial by jury in any summary dispossess or other proceeding that may hereafter be instituted by Landlord against Tenant in respect of the Premises or in any action that may be brought to recover rent, damages or other sums payable hereunder, and (b) the provisions of any law relating to notice or delay in levy of execution in case of an eviction or dispossess of a tenant for nonpayment of rent, and of any other law of like import, now or hereafter in effect. If Landlord commences any summary dispossess proceeding, Tenant will not interpose any counterclaim of any nature or description in the proceeding unless Tenant would by its failure to interpose such counterclaim lose the right to assert such counterclaim. Landlord

Appears in 1 contract

Samples: Lease Agreement (Goldman Sachs Group Inc)

RE-ENTRY BY LANDLORD. 25.01. 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 terminate 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 Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated 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 25, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 hereofsuch 25.02. In the event of a breach by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 25.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof24, (b) the or if Landlord shall re-entry of enter the premises by Landlord Demised Premises under the provisions of this Article 1725, or (c) in the event of the termination of this Lease (Lease, or of re-entry) 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 rentRent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 26 or pursuant to law.

Appears in 1 contract

Samples: Ground Lease (Paine Webber Group Inc)

RE-ENTRY BY LANDLORD. Section 34.01. If Tenant shall default in the payment of any fixed rent or additional rent or Rent, and such default shall continue after any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes dueapplicable grace period, or if this Lease shall expire terminate as provided in Article 16 hereof provided33, Landlord of or Landlord'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, same and may remove any persons person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease lease is terminated under the provisions of Article 16 hereof 33, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 Article, 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 by law by reason of lawdefault hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent Base Annual Rent and any other sum or charge Additional Rent 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 Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof35. Section 34.02. In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunctionto seek temporary or permanent injunctive relief. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. Section 34.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof33, (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 rentRent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent Base Annual Rent or any other sum or charge Additional Rent 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 35 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Young & Rubicam Inc)

RE-ENTRY BY LANDLORD. 26.01. If Tenant an Event of Default shall default occur in the payment of any fixed rent of the Fixed Rent or additional rent or any other sum or charge payable hereunder Additional Charges, and such Event of Default shall continue for five days after notice thereof by Tenant Landlord to Landlord on any date upon which the sum becomes dueTenant, or if this Lease lease shall expire terminate as provided in Article 16 hereof provided25, Landlord of or Landlord'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 person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinPremises. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease lease is terminated 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 Article, 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 the Fixed Rent and Additional Charges payable 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 27. 26.02. In the event of a breach or threatened breach by Tenant of any of its obligations under this lease, Landlord shall also have the right of injunction. The special remedies to which Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other remedies 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 provided for herein. 26.03. If this lease shall terminate under the provisions of Article 25, or if Landlord shall re-enter the Premises under the provisions of this Article, 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 by reason of an Event 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, and all other monies to be refunded to Tenant pursuant to the terms of this lease, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent of the Fixed Rent or any other sum or charge Additional Charges 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 27 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Bear Stearns Companies 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. 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 lawlaw by reason of default 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 up to the time of such termination of this Leaselease, 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease 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 moniesmoneys, if any 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, rent or 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 27 or pursuant to law.

Appears in 1 contract

Samples: Lease (Philipp Brothers Chemicals Inc)

RE-ENTRY BY LANDLORD. 28.01. 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 dueRent, or if this Lease shall expire terminate as provided in Article 16 hereof provided27, 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, law without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words "word re-enter", "re-entry" and "re-entered," as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 28, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 Demised Premises by Landlord, as the case ease may be, and shall also pay to Landlord damages as provided in Article 18 hereof29. 28.02. In the event vent of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 28.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof27, (b) the or if Landlord shall re-entry of enter the premises by Landlord Demised Premises under the provisions of this Article 1728, 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 rentAdvance Rent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent due from Tenant at the time of such termination or re-re- entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof 29 or pursuant to law.

Appears in 1 contract

Samples: Office Lease (Audible 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: Sublease (Abacus Direct 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 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 lawlaw by reason of default 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 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 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 moniesmoneys, if any 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, rent or 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 27 or pursuant to law.

Appears in 1 contract

Samples: Lease (Boomerang Systems, Inc.)

RE-ENTRY BY LANDLORD. 26.01. If Tenant shall default in the payment of any fixed rent Rent, and such default shall continue for ten (10) days after written notice or additional rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum becomes dueinvoice, or if this Lease shall expire terminate as provided in Article 16 hereof provided25, 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, law without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered," as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated 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 26, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 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 breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 26.03. In the event of (a) the termination of 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 1726, 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 rentAdvance Rent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 27 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Childrens Place Retail Stores Inc)

RE-ENTRY BY LANDLORD. (a) Proviso for re-entry by the Landlord on non-payment of rent or non-performance of covenants, subject to the provisions of this Lease. (b) If the Tenant shall fail to pay any instalment of rent or other sums payable as rent under this Lease when due and shall allow such default to continue for seven (7) days after notice of such default or if the Tenant shall fail to perform any of the other covenants, conditions or agreements in this Lease on the Tenant's part to be observed, kept or performed, and shall allow any such default to continue for seven (7) days (or such longer period as is reasonably necessary to remedy the default, provided that the correction of the default is commenced within such seven (7) day period and diligently proceeded with) following the giving by the Landlord to the Tenant of written notice of such default or if the Tenant shall without the Landlord's prior written consent fail to move into or take possession of the Leased Premises and open for business as provided in this Lease, then the term of this Lease may at the option of the Landlord and without notice to the Tenant be terminated and the term and estate hereby vested in the Tenant any and all other rights of the Tenant hereunder shall thereupon immediately cease and expire as fully and with like effect as if the entire term of the Lease had elapsed. (c) If the Tenant shall default in the performance of any covenant (other than any covenant to pay rent) on its part to be performed under this Lease, the Landlord may, if such default shall continue for seven (7) days following the giving by the Landlord to the Tenant of written notice of such default perform the same for the account of the Tenant, and may enter upon the Leased Premises for that purpose and shall not be liable to the Tenant for any loss or damage to the Tenant's merchandise or business caused by acts of the Landlord in so remedying the default or neglect of the Tenant. If the Landlord at any time is compelled or elects to pay any sum of money or do any act which would require the payment of any fixed rent sum of money by reason of the failure of the Tenant to comply with any provisions of this Lease or if the Landlord is compelled or elects to incur any expense, including legal fees, by reason of any default of the Tenant under this Lease, the sum or sums, including legal fees so paid by the Landlord with all interest, costs and damages being deemed to be additional rent or any other sum or charge payable hereunder and shall be paid by the Tenant to the Landlord on any date forthwith upon which demand and upon presentation of proof of payment. (d) If the sum becomes due, Landlord shall re-enter or if this Lease shall expire be terminated as in Article 16 hereof provided, Landlord of Landlord's agents aforesaid: (i) rent shall immediately become due 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 be paid up to the time of such re-entry or termination, together with reasonable expenses of the Landlord as set forth in clause (iv) of this subparagraph (d); (ii) the Landlord may re-let the Leased Premises or any part thereof, either in the name of the Tenant or otherwise, for a term or terms which may at the Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant reasonable concessions in connection therewith; (iii) the Landlord, at its option and in addition to any other remedy it may have, may require the Tenant, or the legal representative of the Tenant, to pay the Landlord as liquidated damages, monthly on the first day of each month following such re-entry or termination until the expiration of the period which would otherwise have constituted the balance of the terms 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 deficiency between: (a) the average of the amounts paid or payable by the Tenant as rent and additional rent for each month during the period of twelve (12) months immediately preceding such re-entry or termination of this Lease under or for each month during the provisions of Article 16 hereof, expired term hereof if less than twelve (12) months; and (b) the re-entry amount, if any, 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.collected

Appears in 1 contract

Samples: Lease Agreement (International Menu Solutions Corp)

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: Lease Agreement (Women Com Networks Inc)

RE-ENTRY BY LANDLORD. 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 dueRent and such default shall not be cured within five (5) days after written notice, or if this Lease shall expire terminate as provided in Article 16 hereof provided25, 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 Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words "word “re-enter", "re-entry" and "re-entered" ,” as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated 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 26, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 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 breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 26.03. In the event of (a) the termination of 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 1726, 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 rentAdvance Rent, security or otherwise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 27 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Vs Direct Inc.)

RE-ENTRY BY LANDLORD. If Tenant Landlord reserves and shall default in at all reasonable 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 and the provisions of this Article 17 or Common Area (upon reasonable prior notice (except in the event case 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 bean emergency), and shall also pay subject to Landlord damages as provided in Article 18 hereof. In Tenant's reasonable security precautions and 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 right of Tenant to be keptaccompany Landlord at all times, observed or performed, Landlord shall also have if such entry is to the right of injunction. The specified remedies Premises) to which Landlord may resort hereunder are cumulative and are not intended inspect the same; to supply any service to be exclusive provided by Landlord to Tenant hereunder (unless Tenant is supplying such service); to show the Premises and Common Area to prospective purchasers, Mortgagees or tenants (as to prospective tenants other than prospective tenants of any other remedies recaptured space, only during the last twelve (12) months of the initial Term or means the last twenty-four (24) months of redress any Extension Term); to which Landlord may lawfully be entitled at post notices of nonresponsibility; to alter, improve or repair the Premises and Common Area and any time, portion thereof as required or allowed by this Lease or by law (and Landlord may invoke for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises and Common Area where reasonably required by the character of the work to be performed); and to take, or allow other parties (including, without limitation, government entities) to take, any remedy allowed at law actions contemplated by the Declaration or the CC&Rs, or in equity as if specific remedies were connection with the remediation orders described in Paragraph 40 [Hazardous Materials], the Clean-Up Facilities or related monitoring or remediation of Hazardous Materials. Landlord shall not herein provided for. In the event be liable in any manner for any inconvenience, disturbance, loss of (a) the termination of this Lease under the provisions of Article 16 hereofbusiness, (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 nuisance or other proceeding or action damage arising from Landlord's or any provision of law by reason of default hereunder on third party's (including without limitation pursuant to the part of Tenant, Landlord Declaration or the CC&Rs) entry and acts pursuant to this Paragraph 19. Tenant shall not be entitled to retain all moniesan abatement or reduction of 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, if any paid by Tenant to Landlordloss of occupancy or quiet enjoyment of the Premises, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against and 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.other

Appears in 1 contract

Samples: Lease Agreement (Netscape Communications Corp)

RE-ENTRY BY LANDLORD. 28.01 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 terminate as provided in Article 16 hereof provided27, Landlord of or Landlord's agents and servants employees may immediately, immediately or at any time thereafter, re-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 48 52 liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 28, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent payable hereunder by Tenant to Landlord up to the time of such termination of this Lease, or of such recovery of possession posses- sion of the premises Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. 29. 28.02 In the event of a breach by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 28.03 If this Lease shall terminate under the provisions of Article 16 hereof27, (b) the or if Landlord shall re-entry of enter the premises by Landlord Demised Premises under the provisions of this Article 1728, 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 rentRent, security or otherwiseother wise, but such moneys monies shall be credited by Landlord against any fixed rent, additional rent or any other sum or charge Rent 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 29 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Paine Webber Group Inc)

RE-ENTRY BY LANDLORD. 25.01. 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 installment of 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 shall expire as in Article 16 hereof 24 provided, Landlord of or Landlord's ’s agents and servants employees may immediately, or at any time thereafter, re-enter into or upon the premisesPremises, or any part thereof, in the name of the whole, either by summary dispossess proceedings immediately or by at any suitable action or proceeding at law, or by force or otherwise, time thereafter 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 "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 24 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 (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, Fixed 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 Lease, 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 hereof26. 25.02. In the event of a breach by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided forfor herein. 25.03. In the event of (a) the termination of If this Lease shall terminate under the provisions of Article 16 hereof24, (b) the or if Landlord shall re-entry of enter the premises by Landlord Premises under the provisions of this Article 17Article, or (c) in the event of the termination of this Lease (Lease, or re-entry) of reentry, 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 Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any fixed rent, Fixed Rent or 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 26 or pursuant to law.

Appears in 1 contract

Samples: Lease (Bitdeer Technologies Group)

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 lawlaw by reason of default 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 up to the time of such termination of this Leaselease, 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease 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 moniesmoneys, if any 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, rent or 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 Xxxxxx under Article 18 hereof 27 or pursuant to law.

Appears in 1 contract

Samples: Lease (Promotions Com Inc)

RE-ENTRY BY LANDLORD. 28.01 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 terminate as provided in Article 16 hereof provided27, 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 Person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words word "re-enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 27, or in the event that if Landlord shall re-enter the premises Demised Premises under the provisions of this Article 17 28, or in the event of the termination of this Lease (Lease, or of re-entry) , by or under any summary dispossess or other proceeding proceedings or action or any provision of lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent and any other sum or charge Rent 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. 29. 28.02 In the event of a breach by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 28.03 If this Lease shall terminate under the provisions of Article 16 hereof27, (b) the or if Landlord shall re-entry of enter the premises by Landlord Demised Premises under the provisions of this Article 1728, 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 rentRent, 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 (Paine Webber Group Inc)

RE-ENTRY BY LANDLORD. 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 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 lawlaw by reason of default 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 up to the time of such termination of this Leaselease, 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 If this Lease 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 moniesmoneys, if any 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, rent or 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 Xxxxxx under Article 18 hereof 27 or pursuant to law.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

RE-ENTRY BY LANDLORD. 23.1 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 terminates as provided in Article 16 hereof provided22, Landlord of or Landlord's ’s agents and servants 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 person therefrom, to the end that Landlord may have, hold and enjoy the premises again as and of its first estate and interest thereinDemised Premises. The words "word “re-enter", "re-entry" and "re-entered" as used in this Lease are herein, is not restricted to their its technical legal meaningsmeaning. In the event of any termination of If this Lease is terminated under the provisions of Article 16 hereof 22, or in the event that if Landlord shall re-enter enters the premises Demised Premises under the provisions of this Article 17 Article, 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 lawlaw by reason of default hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent, additional rent Fixed Rent and any other sum or charge Additional Charges 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 Demised Premises by Landlord, as the case may be, and shall also pay to Landlord damages as provided in Article 18 hereof. 24. 23.2 In the event of a breach by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunctionto seek an injunction to enjoin such breach. The specified special 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, time and Landlord such party 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 for herein. 23.3 If this Lease is terminated under the provisions of Article 16 hereof22, (b) the or if Landlord re-entry of enters 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, additional rent Fixed Rent or any other sum or charge Additional Charges 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 24 or pursuant to law.

Appears in 1 contract

Samples: Lease Agreement (Trans World Entertainment Corp)

RE-ENTRY BY LANDLORD. If 17.1 Landlord reserves and shall at all times have the right to re-enter the Premises to inspect the same, to show said Premises to prospective purchasers, mortgagees or tenants, and to alter, improve or repair the Premises and any portion of the Building, without abatement of rent, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures and open any wall, ceiling or floor in and through the Building and Premises where reasonably required by the character of the work to be performed, provided entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall default in not be interfered with unreasonably. 17.2 Landlord shall have 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 right at any time thereafterto change the arrangement and/or locations of driveway entrances, re-enter into landscaping or upon the premises, or any part thereof, in the name other public parts of the wholeBuilding, 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 thereforif any, and may repossess to change the samename, number or designation by which the Building is commonly known; provided entrances to the Premises shall not be blocked thereby, and may remove any persons therefrom, to further provided that the end that Landlord may have, hold and enjoy the premises again as and business of its first estate and interest therein. The words "re-enter", "re-entry" and "re-entered" as used in this Lease are Tenant shall not restricted to their technical legal meaningsbe interfered with unreasonably. In the event that Landlord damages any portion of any termination of this Lease under the provisions of Article 16 hereof wall 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 lawwall covering, 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 Leaseceiling, or of such recovery of possession of floor or floor covering within 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 performedPremises, Landlord shall also have repair or replace the right of injunction. The specified remedies damaged portion to which match the original as nearly as commercially reasonable but shall not be required to repair or replace more than the portion actually damaged. 17.3 Provided 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 complies with the provisions of this Article 17, Tenant hereby waives any claim for damages for any injury or (c) inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the termination Premises, and any other loss occasioned by any action of Landlord authorized by this Lease (or re-entry) by or Article 17. Tenant agrees to reimburse Landlord, on demand, as additional rent, for any expenses which Landlord may incur in thus effecting compliance with Tenant's obligations under any summary dispossess or other proceeding or action or any provision this Article 17. 17.4 For each of law by reason of default hereunder on the part of Tenantaforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premises, excluding Tenant's vaults and safes or special security areas (designated in advance in writing), and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency to obtain entry to any portion of the Premises. As to any portion to which access cannot be entitled had by means of a key or keys in Landlord's possession, Landlord is authorized to retain all monies, if gain access by such means as Landlord shall reasonably elect and the cost of repairing any paid damage occurring in doing so shall be borne by Tenant and paid to Landlord, whether Landlord 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 lawupon demand.

Appears in 1 contract

Samples: Lease (Gamestop Corp)

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: Lease (Biospecifics Technologies Corp)

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. 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: Commercial Lease

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 lawlaw by reason of default 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 up to the time of such termination of this Lease, 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 hereof. 27. 26.02 In the event of a breach of or threatened breach on the part by Tenant 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 performedits obligations under this Lease, Landlord shall also have the right of injunction. The specified special 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, 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 for herein. 26.03 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) 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 Tenant to Landlord, whether as advance rent, security or otherwise, but such moneys 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 re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof 27 or pursuant to law.

Appears in 1 contract

Samples: Lease (Aveta Inc)

RE-ENTRY BY LANDLORD. Section 22.1 If Tenant shall default in the payment of any fixed rent Fixed ------------ Rent or additional rent Additional Rent or any other sum or charge payable hereunder by Tenant to Landlord on any date upon which the sum same becomes due, or if this Lease shall expire terminate as provided in Article 16 hereof provided21, Landlord of or 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 Landlord may have, hold and enjoy the premises 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. . Section 22.2 In the event of any termination of this Lease under the ------------ provisions of Article 16 hereof 21 or in the event that Landlord shall re-enter the premises Premises under the provisions of this Article 17 22 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 Landlord for the enforcement of its aforesaid right of re-entry or any provision of lawany Legal Requirement (any such termination of this Lease being hereinafter called a "Default Termination"), Tenant shall thereupon pay to Landlord the fixed rentFixed Rent, additional 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, Default Termination 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 hereof23 or pursuant to any Legal Requirement. Also, in the event of a Default Termination, Landlord shall be entitled to retain all moneys, 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 charge due from Tenant at the time of such Default Termination or, at Landlord's option, against any damages payable by Tenant under Article 23 or pursuant to any Legal Requirement. Section 22.3 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 performedTenant's obligations hereunder, 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, time and Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not herein provided for. However, in no event will Landlord have any right to place a lien on any of Tenant's Property and Landlord expressly waives and releases any right it may have to obtain such lien. Section 23.1 In the event of a Default Termination of this Lease, ------------ Tenant will pay to Landlord as damages, at the election of Landlord, either: (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 a sum or charge due from Tenant which at the time of such termination or re-entry Default Termination represents the then value of the excess, if any, of the Present Value of (1) the aggregate of the Fixed Rent and the Additional Rent under Article 4 (if any) which would have been payable hereunder by Tenant for the period commencing with the day following the date of such Default Termination and ending with the scheduled Expiration Date but for such Default Termination, over (2) the aggregate fair rental value of the Premises for the same period as determined by an independent real estate appraiser named by Landlord and employed at Tenant's expense, in which case such liquidated damages shall be accelerated to be due and payable to Landlord in one lump sum on demand at any time commencing with the day following the date of such Default Termination and shall bear interest at the Default Rate until paid, or, at Landlord's option, against any damages (b) sums equal to the aggregate of the Fixed Rent and the Additional Rent under Article 4 (if any) which would have been due and payable by Tenant under Article 18 hereof during the remainder of the term had this Lease not terminated by such Default Termination, in which case such liquidated damages shall be computed and payable in monthly installments, in advance, on the first day of each calendar month following Default Termination of this Lease and continuing until the scheduled Expiration Date but for such Default Termination; provided, however, that if -------- ------- Landlord shall relet all or any part of the Premises for all or any part of said period, Landlord shall credit Tenant with the net rents received by Landlord from such reletting applicable to the period from the date of such reletting to the scheduled Expiration Date but for such Default Termination, 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 this Lease and of re-entering the Premises and of securing possession thereof, as well as the expenses of reletting, including altering and preparing the Premises for new tenants, brokers' commissions and all other expenses properly chargeable against the Premises and the rental therefrom in connection with such reletting, it being understood that any such reletting may be for a period equal to or shorter or longer than said period; and provided further that (i) in no event shall Tenant -------- ------- be entitled to receive any excess of such net rents over the sums payable by Tenant to Landlord hereunder, (ii) in no event shall Tenant be entitled, in any suit for the collection of damages pursuant to lawthis clause (b), 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 prior to the commencement of each suit, and (iii) if the Premises or any part thereof should be relet in combination with other space, then appropriate apportionment on a square foot rentable area basis shall be made of the rent received from such reletting and of the expenses of reletting.

Appears in 1 contract

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

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 becomes due, or if this Lease shall expire terminate as provided in Article 16 hereof providedSection 13.01, Landlord of or Landlord's ’s agents and servants may immediately, immediately or at any time thereafter, thereafter re-enter into or upon the premisesPremises, 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, 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 interests therein. The words "re-enter", "” and “re-entry" and "re-entered" entering” as used in this Lease are not restricted to their technical legal meanings. . (b) In the event of the reentry into the Demised Premises by Landlord irrespective of whether this Lease is terminated, Landlord may (but shall have absolutely no obligation to do so) relet the whole or any termination part of the Demised Premises for any period equal to or greater or less than the remainder of the original Term of this Lease under the provisions of Article 16 hereof or Lease, for any sum which Landlord may in Landlord's good faith judgment deem suitable, including rent concessions, and for any use and purpose which Landlord may deem appropriate. Such reletting may include any improvements, personality and trade fixtures remaining in the event that Demised Premises. Landlord shall re-enter have no obligation to relet the premises under Demised Premises and shall not be liable for the provisions of this Article 17 failure or refusal to relet the Demised Premises or in the event of the termination any such reletting for failure or refusal to collect any rent due upon such reletting, and no such failure or refusal shall relieve Tenant of any liability under 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 otherwise offset 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 liability 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: Lease Agreement (GTJ REIT, 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 tight 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 Lease Term), to post notices of nonresponsibiliry 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 Paragraph and Tenant shall not be entitled to an abatement or reduction of 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 Premises, and any other loss occasioned thereby, except for Landlord’s negligence or willful misconduct. For each of the aforesaid 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 Premises or its business conducted therein. Tenant acknowledges that the first floor telephone equipment room provides third party access to the electronic sign equipment that operates the sign facing Highway 101 and that Landlord under retains 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 right to access to such facilities at all times without notice. Tenant acknowledges that it has no right 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 use of such termination or re-entry or, at Landlord's option, against any damages payable by Tenant under Article 18 hereof or pursuant to lawelectronic sign.

Appears in 1 contract

Samples: Sublease (DemandTec, Inc.)

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