Common use of RE-ENTRY; CONTINUED LIABILITY; RELETTING Clause in Contracts

RE-ENTRY; CONTINUED LIABILITY; RELETTING. (a) If Tenant shall default in the payment of any installment of Annual Fixed Rent or any Additional Rent on any date on which the same becomes due and payable, and if such default shall continue for five (5) days after Landlord shall have given Tenant notice of such default, or if this Lease shall be terminated pursuant to or as provided in Section 19.2, Landlord and Landlord’s agents and employees may immediately or at any time thereafter re-enter 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 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, possess and enjoy the Premises again. (b) If this Lease is terminated or if Landlord shall re-enter the Premises as aforesaid, or in the event of the termination of this Lease, or of re-entry, by or under any proceeding or action or any provision of law by reason of an Event of Default hereunder on the part of Tenant, Tenant covenants and agrees forthwith that, (i) the Annual Fixed Rent and Additional Rent shall become due thereupon and be paid by Tenant up to the time of such re-entry, dispossession and/or termination, together with such expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for reletting; (ii) Landlord shall use reasonable efforts to relet the Premises, provided that Tenant shall have (A) surrendered possession of the Premises to Landlord, and (B) acknowledged in writing its continuing liabilities and obligations hereunder. Landlord may relet the Premises or any part or parts thereof, either in the name of Landlord or otherwise, (but shall have no obligation to do so, except as otherwise expressly provided above) for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the Lease Term, and may grant concessions or free rent; (iii) Tenant or the legal representatives of Tenant shall also pay Landlord, as liquidated damages, and not as a penalty, for the failure of Tenant to observe and perform Tenant’s covenants herein contained, amounts equal to the Annual Fixed Rent and Additional Rent which would have been payable by Tenant had this Lease not been so terminated, or had Landlord not so reentered the Premises, such payments to be made upon the due dates therefor specified herein following such termination or re-entry and continuing until the Expiration Date; provided, however, that if Landlord shall relet the Premises (although it is under no obligation to do so), Landlord shall credit Tenant, up to the amount due from Tenant, with the net rent received by Landlord for such reletting after deducting from the first installments of such rent received the expenses incurred or paid by Landlord in terminating this Lease or in re-entering the Premises and in securing possession thereof, as well as the expenses of reletting, including, without limitation, legal expenses, attorneys’ fees and disbursements, brokerage commissions, alteration costs, value of rent concessions, and other expenses incurred for keeping the Premises in good order or for preparing the same for reletting. Landlord and Tenant agree that Landlord’s damages in the event of termination or re-entry are difficult to ascertain and that the liquidated damages provided for in this Section represent a reasonable estimate of Landlord’s damages. Any suit brought to collect the amount of the aforesaid damages for any month or months shall not prejudice in any way the rights of Landlord to collect the damages for any subsequent month or months by a similar proceeding. Nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the Lease Term would have expired if it had not been so terminated under or pursuant to Section 19.2, or under any provision of law, or had Landlord not re-entered the Premises. (c) The terms “re-enter” and “re-entry,” as used herein, are not limited to their technical legal meanings.

RE-ENTRY; CONTINUED LIABILITY; RELETTING. (a) If Tenant shall default in the payment of any installment of Annual Fixed Rent or any Additional Rent on any date on which the same becomes due and payable, and if such default shall continue for five (5) days after Landlord shall have given Tenant notice of such default, or if this Lease shall be terminated pursuant to or as provided in Section 19.2, Landlord and Landlord’s agents and employees may immediately or at any time thereafter re-enter 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 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, possess and enjoy the Premises again. (b) If this Lease is terminated or if Landlord shall re-enter the Premises as aforesaid, or in the event of the termination of this Lease, or of re-entry, by or under any proceeding or action or any provision of law by reason of an Event of Default hereunder on the part of Tenant, Tenant covenants and agrees forthwith that, (i) the Annual Fixed Rent (including, without limitation, an amount equal to the amount of Annual Fixed Rent which would have been payable during the Rent Concession Period) and Additional Rent shall become due thereupon and be paid by Tenant up to the time of such re-entry, dispossession and/or termination, together with such expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for reletting; (ii) Landlord shall use reasonable efforts to relet the Premises, provided that Tenant shall have (A) surrendered possession of the Premises to Landlord, and (B) acknowledged in writing its continuing liabilities and obligations hereunder. Landlord may relet the Premises or any part or parts thereof, either in the name of Landlord or otherwise, otherwise (but shall have no obligation to do so), except as otherwise expressly provided above) for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease Term, and may grant concessions or free rent; (iii) Tenant or the legal representatives of Tenant shall also pay Landlord, as liquidated damages, and not as a penalty, damages for the failure of Tenant to observe and perform Tenant’s covenants herein contained, amounts equal to the Annual Fixed Rent and Additional Rent which would have been payable by Tenant had this Lease not been so terminated, or had Landlord not so reentered the Premises, such payments to be made upon the due dates therefor specified herein following such termination or re-entry and continuing until the Expiration Date; provided, however, that if Landlord shall relet the Premises (although it is under no obligation to do so)Premises, Landlord shall credit Tenant, up to the amount due from Tenant, with the net rent received by Landlord for such reletting after deducting from the first installments of such rent received the expenses incurred or paid by Landlord in terminating this Lease or in re-entering the Premises and in securing possession thereof, as well as the expenses of reletting, including, without limitation, including legal expenses, attorneys’ fees and disbursements, brokerage commissions, alteration costs, value of rent concessions, costs and other expenses incurred for keeping the Premises in good order or for preparing the same for reletting. Landlord and Tenant agree that Landlord’s damages in the event of termination or re-entry are difficult to ascertain and that the liquidated damages provided for in this Section represent a reasonable estimate of Landlord’s damages. Any suit brought to collect the amount of the aforesaid damages for any month or months shall not prejudice in any way the rights of Landlord to collect the damages for any subsequent month or months by a similar proceeding. Nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the Lease Term would have expired if it had not been so terminated under or pursuant to Section 19.2, or under any provision of law, or had Landlord not re-entered the Premises. (c) The terms “re-enter” and “re-entry,” as used herein, are not limited to their technical legal meanings.

RE-ENTRY; CONTINUED LIABILITY; RELETTING. (a) If Tenant shall default in the payment of any installment of Annual Fixed Rent or any Additional Rent on any date on which the same becomes due and payable, and if such default shall continue for five (5) days after Landlord shall have given Tenant notice of such default, or if this Lease shall be terminated pursuant to or as provided in Section 19.2, Landlord and Landlord’s 's agents and employees may immediately or at any time thereafter re-enter 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 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, possess and enjoy the Premises again. (b) If this Lease is terminated or if Landlord shall re-enter the Premises as aforesaid, or in the event of the termination of this Lease, or of re-entry, by or under any proceeding or action or any provision of law by reason of an Event of Default hereunder on the part of Tenant, Tenant covenants and agrees forthwith that, (i) the Annual Fixed Rent and Additional Rent shall become due thereupon and be paid by Tenant up to the time of such re-entry, dispossession and/or termination, together with such expenses as Landlord may incur for legal expenses, attorneys’ ' fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for reletting; (ii) Landlord shall use reasonable efforts to relet the Premises, provided that Tenant shall have (A) surrendered possession of the Premises to Landlord, and (B) acknowledged in writing its continuing liabilities and obligations hereunder. Landlord may relet the Premises or any part or parts thereof, either in the name of Landlord or otherwise, (but shall have no obligation to do so, except as otherwise expressly provided above) for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the Lease Term, and may grant concessions or free rent; (iii) Tenant or the legal representatives of Tenant shall also pay Landlord, as liquidated damages, and not as a penalty, for the failure of Tenant to observe and perform Tenant’s 's covenants herein contained, amounts equal to the Annual Fixed Rent and Additional Rent which would have been payable by Tenant had this Lease not been so terminated, or had Landlord not so reentered the Premises, such payments to be made upon the due dates therefor specified herein following such termination or re-entry and continuing until the Expiration Date; provided, however, that if Landlord shall relet the Premises (although it is under no obligation to do so), Landlord shall credit Tenant, up to the amount due from Tenant, with the net rent received by Landlord for such reletting after deducting from the first installments of such rent received the expenses incurred or paid by Landlord in terminating this Lease or in re-entering the Premises and in securing possession thereof, as well as the expenses of reletting, including, without limitation, legal expenses, attorneys’ ' fees and disbursements, brokerage commissions, alteration costs, value of rent concessions, and other expenses incurred for keeping the Premises in good order or for preparing the same for reletting. Landlord and Tenant agree that Landlord’s 's damages in the event of termination or re-entry are difficult to ascertain and that the liquidated damages provided for in this Section represent a reasonable estimate of Landlord’s 's damages. Any suit brought to collect the amount of the aforesaid damages for any month or months shall not prejudice in any way the rights of Landlord to collect the damages for any subsequent month or months by a similar proceeding. Nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the Lease Term would have expired if it had not been so terminated under or pursuant to Section 19.2, or under any provision of law, or had Landlord not re-entered the Premises. (c) The terms “"re-enter” " and “"re-entry,” " as used herein, are not limited to their technical legal meanings.

RE-ENTRY; CONTINUED LIABILITY; RELETTING. (a) If Tenant shall default in the payment of any installment of Annual Fixed Rent or any Additional Rent on any date on which the same becomes due and payable, and if such default shall continue for five (5) days after Landlord shall have given Tenant notice of such default, or if this Lease shall be terminated pursuant to or as provided in Section 19.2, Landlord and Landlord’s agents and employees may immediately or at any time thereafter re-enter 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 otherwise, without being liable to indictment, prosecution or damages therefor, otherwise and may repossess the same, and may remove any persons therefrom, to the end that Landlord may have, hold, possess and enjoy the Premises again. (b) If this Lease is terminated or if Landlord shall re-enter the Premises as aforesaid, or in the event of the termination of this Lease, or of re-entry, by or under any proceeding or action or any provision of law by reason of an Event of Default hereunder on the part of Tenant, Tenant covenants and agrees forthwith that, (i) the Annual Fixed Rent (including, without limitation, an amount equal to the amount of Annual Fixed Rent which would have been payable during the rent concession period set forth in Section 5.5) and Additional Rent shall become due thereupon and be paid by Tenant up to the time of such re-entry, dispossession and/or termination, together with such expenses as Landlord may incur for legal expenses, reasonable attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for reletting; (ii) Landlord shall use reasonable efforts to relet the Premises, provided that Tenant shall have (A) surrendered possession of the Premises to Landlord, and (B) acknowledged in writing its continuing liabilities and obligations hereunder. Landlord may relet the Premises or any part or parts thereof, either in the name of Landlord or otherwise, otherwise (but shall have no obligation to do so), except as otherwise expressly provided above) for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the Lease Term, Term and may grant concessions or free rent; (iii) Tenant or the legal representatives of Tenant shall also pay Landlord, as liquidated damages, and not as a penalty, damages for the failure of Tenant to observe and perform Tenant’s covenants herein contained, amounts equal to the Annual Fixed Rent and Additional Rent which would have been payable by Tenant had this Lease not been so terminated, or had Landlord not so reentered the Premises, such payments to be made upon the due dates therefor specified herein following such termination or re-entry and continuing until the Expiration Date; provided, however, that if Landlord shall relet the Premises (although it is under no obligation to do so)Premises, Landlord shall credit Tenant, up to the amount due from Tenant, with the net rent received by Landlord for such reletting after deducting from the first installments of such rent received the expenses incurred or paid by Landlord in terminating this Lease or in re-entering the Premises and in securing possession thereof, as well as the expenses of reletting, including, without limitation, including legal expenses, reasonable attorneys’ fees and disbursements, brokerage commissions, alteration costs, value of rent concessions, costs and other expenses incurred for keeping the Premises in good order or for preparing the same for reletting. Landlord and Tenant agree that Landlord’s damages in the event of termination or re-entry are difficult to ascertain and that the liquidated damages provided for in this Section represent a reasonable estimate of Landlord’s damages. Any suit brought to collect the amount of the aforesaid damages for any month or months shall not prejudice in any way the rights of Landlord to collect the damages for any subsequent month or months by a similar proceeding. Nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the Lease Term would have expired if it had not been so terminated under or pursuant to Section 19.2, or under any provision of law, or had Landlord not re-entered the Premises. (c) The terms “re-enter” and “re-entry,” as used herein, are not limited to their technical legal meanings.

RE-ENTRY; CONTINUED LIABILITY; RELETTING. (a) If Tenant shall default in the payment of any installment of Annual Fixed Rent or any Additional Rent on any date on which the same becomes due and payable, and if such default shall continue for five (5) days Operating Days after Landlord shall have given Tenant notice of such default, or if this Lease shall be terminated pursuant to or as provided in Section 19.2, Landlord and Landlord’s agents and employees may immediately or at any time thereafter re-enter 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 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, possess and enjoy the Premises again. (b) If this Lease is terminated or if Landlord shall re-enter the Premises as aforesaid, or in the event of the termination of this Lease, or of re-entry, by or under any proceeding or action or any provision of law by reason of an Event of Default hereunder on the part of Tenant, Tenant covenants and agrees forthwith that, (i) the Annual Fixed Rent (excluding however, the amount equal to the amount of Annual Fixed Rent which would have been payable during the rent concession period set forth in Section 5.5 if the Lease termination occurs after the end of the rent concession period) and Additional Rent shall become due thereupon and be paid by Tenant up to the time of such re-entry, dispossession and/or termination, together with such expenses as Landlord may reasonably and actually incur for legal expenses, attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for reletting; (ii) Landlord shall use reasonable efforts to relet the Premises, provided that Tenant shall have (A) surrendered possession of the Premises to Landlord, and (B) acknowledged in writing its continuing liabilities and obligations hereunder. Landlord may relet the Premises or any part or parts thereof, either in the name of Landlord or otherwise, otherwise (but shall have no obligation to do so), except as otherwise expressly provided above) for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease Term, and may grant concessions or free rent; (iii) Tenant or the legal representatives of Tenant shall also pay Landlord, as liquidated damages, and not as a penalty, damages for the failure of Tenant to observe and perform Tenant’s covenants herein contained, amounts equal to the Annual Fixed Rent and Additional Rent which would have been payable by Tenant had this Lease not been so terminated, or had Landlord not so reentered the Premises, such payments to be made upon the due dates therefor specified herein following such termination or re-entry and continuing until the Expiration Date; provided, however, that if Landlord shall relet the Premises (although it is under no obligation to do so)Premises, Landlord shall credit Tenant, up to the amount due from Tenant, with the net rent received by Landlord for such reletting after deducting from the first installments of such rent received the reasonable and actual expenses incurred or paid by Landlord in terminating this Lease or in re-entering the Premises and in securing possession thereof, as well as the expenses of reletting, including, without limitation, including legal expenses, attorneys’ fees and disbursements, brokerage commissions, alteration costs, value of rent concessions, costs and other expenses reasonably and actually incurred by Landlord for keeping the Premises in good order or for preparing the same for reletting. Landlord and Tenant agree that Landlord’s damages in the event of termination or re-entry are difficult to ascertain and that the liquidated damages provided for in this Section represent a reasonable estimate of Landlord’s damages. Any suit brought to collect the amount of the aforesaid damages for any month or months shall not prejudice in any way the rights of Landlord to collect the damages for any subsequent month or months by a similar proceeding. Nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the Lease Term would have expired if it had not been so terminated under or pursuant to Section 19.2, or under any provision of law, or had Landlord not re-entered the Premises. (c) The terms “re-enter” and “re-entry,” as used herein, are not limited to their technical legal meanings.