Common use of Re-Entry Without Termination Clause in Contracts

Re-Entry Without Termination. Lessor may re-enter the Leased Premises ---------------------------- without terminating this Lease, and remove all persons and property from the Leased Premises, and relet the Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the Lease Term) and upon such terms as Lessor in Lessor's sole discretion shall determine, and Lessor shall not be required to accept any lessee offered by Lessee or to observe any instructions given by Lessee relative to such reletting. In the event of any such reletting, Lessor may make repairs, alterations and additions in or to the Leased Premises and redecorate the same to the extent deemed necessary or desirable by Lessor and in connection therewith change the locks to the Leased Premises, and Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. Lessor may collect the Total Rentals from any such reletting and apply the same first to the payment of the expenses of re-entry, redecoration, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate this Lease unless a written notice of such intention be given to Lessee, nor shall the same operate to release the Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue and recover judgment for any deficiencies from time to time xxmaining after the application from time to time of the proceeds of any such reletting.

Appears in 1 contract

Samples: Lease Agreement (Sequiam Corp)

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Re-Entry Without Termination. Lessor Landlord may re-enter the Leased Premises ---------------------------- without terminating this Lease, and remove all persons and property from the Leased Premises, and relet the Leased Premises or any part thereof for the account of LesseeTenant, for such time (which may be for a term extending beyond the Lease Term) and upon such terms as Lessor Landlord in Lessor's Landlord’s sole discretion shall determine, and Lessor . Landlord shall not be required to accept any lessee tenant offered by Lessee Tenant or to observe any instructions given by Lessee Tenant relative to such reletting. In the event of any such reletting, Lessor Landlord may make repairs, alterations alterations, and additions in or to the Leased Premises and redecorate the same to the extent deemed reasonably necessary or desirable by Lessor and in connection therewith change the locks to the Leased PremisesLandlord, and Lessee Tenant shall upon demand pay the cost thereof together with Lessor's expenses of relettingthereof. Lessor Landlord may collect the Total Rentals rents from any such reletting and apply the same first to the payment of the repairs, alterations, additions, expenses of re-entry, redecorationattorney’s fees, repairs court costs, collection services, and alterations and the expenses of reletting leasing commissions and second to the payment of Total Rental Base Rent and Operating Expenses herein provided to be paid by LesseeTenant, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental Base Rent and Operating Expenses as the same thereafter becomes due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee Tenant or as an election on Lessor's Landlord’s part to terminate this Lease unless a written notice of such intention be given to LesseeTenant, nor shall the same operate to release the Lessee Tenant in whole or in part from any of the Lessee's Tenant’s obligations hereunder, and Lessor Landlord may, at any time and, from time to time, sue xxx and recover judgment for any deficiencies from time to time xxmaining remaining after the application from time to time of the proceeds of any such reletting.

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

Re-Entry Without Termination. Lessor may re-enter the Leased Premises ---------------------------- without terminating this Lease, and remove all persons and property from the Leased Premises, and relet the Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the Lease Term) and upon such terms as Lessor in Lessor's sole discretion shall determine, and Lessor shall not be required to accept any lessee offered by Lessee or to observe any instructions given by Lessee relative to such reletting. In the event of any such reletting, Lessor may make repairs, alterations and additions in or to the Leased Premises and redecorate the same to the extent deemed necessary or desirable by Lessor and in connection therewith change the locks to the Leased Premises, and Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. Lessor may collect the Total Rentals from any such reletting and apply the same first to the payment of the expenses of re-entry, redecoration, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate this Lease unless a written notice of such intention be given to Lessee, nor shall the same operate to release the Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue xxx and recover judgment for any deficiencies from time to time xxmaining remaining after the application from time to time of the proceeds of any such reletting.

Appears in 1 contract

Samples: Lease Agreement (Sequiam Corp)

Re-Entry Without Termination. Lessor Upon any termination of Tenant’s right to possession of the Premises without termination of this Lease, Landlord may, at Landlord’s option, enter into the Premises pursuant to applicable law, remove all signs and other evidence of Tenant’s tenancy, remove all property from the Premises and store such property in a public warehouse or elsewhere, at the cost of, and for the account of Tenant, and take and hold possession of the Premises without: (1) being deemed guilty of trespass; (2) becoming liable for any loss or damage which may re-enter the Leased Premises ---------------------------- without be occasioned by such entry and/or possession; (3) such entry and/or possession terminating this Lease; and (4) releasing Tenant, and remove all persons and property in whole or in part, from any obligation, including Tenant’s obligation to pay Rent for the Leased Premises, and full Term. Landlord shall use commercially reasonable efforts to relet the Leased Premises or any part thereof for to the account of Lesseeextent required by applicable law, for such time rent and upon such terms as Landlord, in its sole but reasonable discretion, shall determine (which may be including the right to relet the Premises as part of a larger area, the right to change the character or the use made of the Premises, and the right to lease all or any portion of the Premises for a term extending beyond the Lease Term) and upon such terms as Lessor in Lessor's sole discretion shall determineTerm of this Lease), and Lessor Landlord shall not be required to accept any lessee tenant offered by Lessee Tenant or to observe any instructions given by Lessee relative to Tenant about such reletting. In the event of any such relettingcase, Lessor Landlord may make repairs, alterations and additions in or to the Leased Premises Premises, and redecorate the same to the extent deemed Landlord deems necessary or desirable desirable, in its sole discretion. All rentals and other sums received by Lessor and in connection therewith change the locks to the Leased Premises, and Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. Lessor may collect the Total Rentals Landlord from any such reletting and apply the same first shall be applied as follows: first, to the payment of the expenses of re-entryany indebtedness other than Rent due hereunder from Tenant to Landlord; second, redecoration, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided any costs and expenses of such alterations and repairs; third, to the payment of Landlord’s expenses of reletting, including, without limitation, broker’s commissions, attorneys’ fees and lease inducements, such as moving or leasehold improvement allowances; fourth, to the payment of Rent; and the residue, if any, shall be paid held by Lessee, Landlord and any excess or residue shall operate only as an offsetting credit against the amount applied in payment of Total Rental future Rent as the same thereafter becomes may become due and payable hereunder. No If such rentals and other sums received from such reletting during any month be less than the Rent to be paid during said month by Tenant hereunder, Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Notwithstanding any such re-entry or repossessionand possession by Landlord, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part Landlord may at any time hereafter elect to terminate this Lease unless a written notice of for such intention be given to Lessee, nor shall the same operate to release the Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue and recover judgment for any deficiencies from time to time xxmaining after the application from time to time of the proceeds of any such relettingprevious breach.

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Re-Entry Without Termination. Lessor Landlord may re-enter the Leased Premises ---------------------------- without terminating this Lease, and remove all persons and property from the Leased Premises, and relet the Leased Premises or any part thereof for the account of LesseeTenant, for such time (which may be for a term extending beyond the Lease Term) and upon such terms as Lessor Landlord in Lessor's Landlord’s sole discretion shall determine, and Lessor . Landlord shall not be required to accept any lessee tenant offered by Lessee Tenant or to observe any instructions given by Lessee Tenant relative to such reletting. In the event of any such reletting, Lessor Landlord may make repairs, alterations alterations, and additions in or to the Leased Premises and redecorate the same to the extent deemed reasonably necessary or desirable by Lessor and in connection therewith change the locks to the Leased PremisesLandlord, and Lessee Tenant shall upon demand pay the reasonable and documented cost thereof together with Lessor's expenses of relettingthereof. Lessor Landlord may collect the Total Rentals rents from any such reletting and apply the same first to the payment of the repairs, alterations, additions, expenses of re-entry, redecorationattorney’s fees, repairs court costs, collection services, and alterations and the expenses of reletting leasing commissions and second to the payment of Total Rental Base Rent and Operating Expenses herein provided to be paid by LesseeTenant, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental Base Rent and Operating Expenses as the same thereafter becomes due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee Tenant or as an election on Lessor's Landlord’s part to terminate this Lease unless a written notice of such intention be given to LesseeTenant, nor shall the same operate to release the Lessee Tenant in whole or in part from any of the Lessee's Tenant’s obligations hereunder, and Lessor Landlord may, at any time and, from time to time, sue xxx and recover judgment for any deficiencies from time to time xxmaining remaining after the application from time to time of the proceeds of any such reletting.

Appears in 1 contract

Samples: Lease Agreement (Dirtt Environmental Solutions LTD)

Re-Entry Without Termination. Lessor may re-enter the Leased Premises ---------------------------- without terminating this Lease, and remove all persons and property from the Leased Premises, and relet the Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the Lease Term) and upon such terms as Lessor in Lessor's sole discretion shall determine, and Lessor shall not be required to accept any lessee offered by Lessee or to observe any instructions given by Lessee relative to such reletting. In the event of any such reletting, Lessor may make repairs, alterations and additions in or to the Leased Premises and redecorate the same to the extent deemed necessary or desirable by Lessor and in connection therewith change the locks to the Leased Premises, and Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. Lessor may collect the Total Rentals from any such reletting and apply the same first to the payment of the expenses of re-entry, redecoration, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate this Lease unless a written notice of such intention be given to Lessee, nor shall the same operate to release the Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue xxx and recover judgment for any deficiencies from time to time xxmaining remaining after the application from time to time of the proceeds of any such reletting.

Appears in 1 contract

Samples: Lease Agreement (Newsmax Media Inc)

Re-Entry Without Termination. Lessor may reIn the event of a Monetary Default or a Type I Non-enter the Leased Premises ---------------------------- Monetary Default only, Landlord may, without terminating this the Lease, enter onto the Premises with due process of law, and expel, remove or put out Tenant and/or any other persons who may be thereon, and remove any and all persons and personal property from found therein. In such event, Landlord (a) shall make reasonable efforts to re- let the Leased Premises, and relet the Leased Premises or any part thereof for the account of Lessee, for Tenant at such time (which may be for a term extending beyond the Lease Term) rental or rentals and upon such other terms and conditions as Lessor Landlord in Lessor's its sole discretion shall determinemay deem advisable, with Tenant remaining liable for any deficiency, and Lessor (b) shall not be required have the right to accept any lessee offered by Lessee or to observe any instructions given by Lessee relative to such relettingrepair, renovate, remodel, redecorate, alter and change the Premises as Landlord deems desirable. In such case, Tenant shall also be liable to Landlord for any expenses incurred by Landlord in re-letting the event Premises, including, but not limited to, attorneys’ fees, advertising expenses, brokerage fees and/or the cost of any such reletting, Lessor may make repairs, alterations putting the Premises in good order and additions in or to the Leased Premises and redecorate preparing the same to the extent deemed necessary or desirable for re-rental. At Landlord’s option, any rents received by Lessor and in connection therewith change the locks to the Leased Premises, and Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. Lessor may collect the Total Rentals Landlord from any such reletting and apply re-letting of the same first Premises may be applied to Tenant’s account in the following order: (1) first, to the payment of the expenses any indebtedness of re-entryTenant to Landlord other than Rent; (2) second, redecoration, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided any costs and expenses of said re-letting; and (3) third, to be paid by Lessee, the payment of Rent due and to become due to Landlord under this Lease. Tenant shall pay any deficiency to Landlord monthly and any excess payment made for any month or residue months shall operate only as an offsetting credit not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. Separate actions may be maintained by Landlord against Tenant from time to time to recover any damages which, at the amount commencement of Total Rental as the same thereafter becomes any action, are then due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate Landlord under this Lease unless a written notice of such intention be given to Lessee, nor shall Section 21.3 without waiting until the same operate to release the Lessee in whole or in part from any end of the Lessee's obligations hereunderTerm of this Lease. Landlord shall have the right to allow deficiencies to accumulate and to bring an action for several accrued deficiencies at one time. Any suit brought by Landlord to collect one or more deficiencies shall not prejudice in any way the right of Landlord to bring a similar action for any subsequent deficiency or deficiencies. Should Landlord initially elect to proceed under this Section 21.3, and Lessor Landlord may, at any time andthereafter, from time elect to time, sue and recover judgment for any deficiencies from time to time xxmaining after terminate the application from time to time of the proceeds of any such relettingLease as provided in Section 21.2 above.

Appears in 1 contract

Samples: Development Agreement and Agreement

Re-Entry Without Termination. Lessor Landlord may re-enter the Leased Premises ---------------------------- without terminating this Lease, and remove all persons and property from the Leased Premises, and relet the Leased Premises or any part thereof for the account of LesseeTenant, for such time (which may be for a term extending beyond the Lease Term) and upon such terms as Lessor Landlord in Lessor's Landlord’s sole discretion shall determine, and Lessor Landlord shall not be required to accept any lessee Tenant offered by Lessee Tenant or to observe any instructions given by Lessee Tenant relative to such reletting. In the event of any such reletting, Lessor Landlord may make repairs, alterations and additions in or to the Leased Premises and redecorate the same to the extent deemed necessary or desirable by Lessor Landlord and in connection therewith change the locks to the Leased Premises, and Lessee Tenant shall upon demand pay the cost thereof of putting the Premises into the condition required for redelivery as stated in Section 26 above, together with Lessor's Landlord’s expenses of reletting. Lessor Landlord may collect the Total Rentals Rent from any such reletting and apply the same first to the payment of the expenses of re-entry, redecoration, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by LesseeTenant, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee Tenant or as an election on Lessor's Landlord’s part to terminate this Lease unless a written notice of such intention be given to LesseeTenant, nor shall the same operate to release the Lessee Tenant in whole or in part from any of the Lessee's Tenant’s obligations hereunder, and Lessor Landlord may, at any time and, from time to time, sue xxx and recover judgment for any deficiencies from time to time xxmaining remaining after the application from time to time of the proceeds of any such reletting.

Appears in 1 contract

Samples: Lease Agreement (Leslies Poolmart Inc)

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Re-Entry Without Termination. Lessor Upon any termination of Tenant's right to possession of the Premises without termination of this Lease, Landlord may, at Landlord's option, enter into the Premises pursuant to applicable law, remove all signs and other evidence of Tenant's tenancy, remove all property from the Premises and store such property in a public warehouse or elsewhere, at the cost of, and for the account of Tenant, and take and hold possession of the Premises without: (1) being deemed guilty of trespass; (2) becoming liable for any loss or damage which may re-enter the Leased Premises ---------------------------- without be occasioned by such entry and/or possession; (3) such entry and/or possession terminating this Lease; and (4) releasing Tenant, and remove all persons and property in whole or in part, from any obligation, including Tenant's obligation to pay Rent for the Leased Premisesfull Term. Landlord may, and but need not, relet the Leased Premises or any part thereof for such rent and upon such terms as Landlord, in its sole discretion, shall determine (including the account right to relet the Premises as part of Lesseea larger area, for such time (which may be the right to change the character or the use made of the Premises, and the right to lease all or any portion of the Premises for a term extending beyond the Lease Term) and upon such terms as Lessor in Lessor's sole discretion shall determineTerm of this Lease), and Lessor Landlord shall not be required to accept any lessee tenant offered by Lessee Tenant or to observe any instructions given by Lessee relative to Tenant about such reletting. In the event of any such relettingcase, Lessor Landlord may make repairs, alterations and additions in or to the Leased Premises Premises, and redecorate the same to the extent deemed Landlord deems necessary or desirable desirable, in its sole discretion. All rentals and other sums received by Lessor and in connection therewith change the locks Landlord from any such reletting shall be applied as follows: first, to the Leased Premisespayment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, to the payment of any costs and Lessee shall upon demand pay expenses of such alterations and repairs; third, to the cost thereof together with Lessorpayment of Landlord's expenses of reletting. Lessor may collect the Total Rentals from any , including, without limitation, broker's commissions, attorneys' fees and lease inducements, such reletting and apply the same first as moving or leasehold improvement allowances; fourth, to the payment of the expenses of re-entry, redecoration, repairs and alterations Rent; and the expenses of reletting residue, if any, shall be held by Landlord and second to the applied in payment of Total Rental herein provided to be paid by Lessee, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental future Rent as the same thereafter becomes may become due and payable hereunder. No If such rentals and other sums received from such reletting during any month be less than the Rent to be paid during said month by Tenant hereunder, Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Notwithstanding any such re-entry or repossessionand possession by Landlord, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part Landlord may at any time hereafter elect to terminate this Lease unless a written notice of for such intention be given to Lessee, nor shall the same operate to release the Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue and recover judgment for any deficiencies from time to time xxmaining after the application from time to time of the proceeds of any such relettingprevious breach.

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

Re-Entry Without Termination. Lessor may re-enter Upon any termination of Tenant's right to possession of the Leased Premises ---------------------------- without terminating termination of this Lease, and remove all persons and property from Landlord may, at Landlord's option, enter into the Leased Premises, remove Tenant's signs and other evidence of tenancy, and take and hold possession thereof without such entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant's obligation to pay Base Rent, its Proportionate Share of Operating Costs and all other sums payable by Tenant hereunder, for the full Lease Term. Landlord may, but need not, relet the Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the Lease Term) rent and upon such terms as Lessor Landlord, in Lessor's its sole discretion discretion, shall determinedetermine (including the right to relet the Premises as part of a larger area and the right to change the character or the use made of the Premises), and Lessor Landlord shall not be required to accept any lessee tenant offered by Lessee Tenant or to observe any instructions given by Lessee relative to Tenant about such reletting. In the event of any such relettingcase, Lessor Landlord may make repairs, alterations and additions in or to the Leased Premises Premises, and redecorate the same to the extent deemed Landlord deems necessary or desirable desirable, in its sole discretion. All rentals and other sums received by Lessor and in connection therewith change the locks Landlord from any such reletting shall be applied as follows: first, to the Leased Premisespayment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, to the payment of any costs and Lessee shall upon demand pay expenses of such alterations and repairs; third, to the cost thereof together with Lessorpayment of Landlord's expenses of reletting. Lessor may collect the Total Rentals from any , including, without limitation, broker's commissions, attorneys' fees and lease inducements, such reletting and apply the same first as moving or leasehold improvement allowances; fourth, to the payment of the expenses of re-entry, redecoration, repairs Rent due and alterations unpaid hereunder; and the expenses of reletting residue, if any, shall be held by Landlord and second to the applied in payment of Total Rental herein provided to be paid by Lessee, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental future Rent as the same thereafter becomes may become due and payable hereunder. No If such rentals and other sums received from such reletting during any month are less than the Rent due during said month by Tenant hereunder, Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Notwithstanding any such re-entry or repossessionby Landlord, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part Landlord may at any time hereafter elect to terminate this Lease unless a written notice of for such intention be given to Lessee, nor shall the same operate to release the Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue and recover judgment for any deficiencies from time to time xxmaining after the application from time to time of the proceeds of any such relettingprevious breach.

Appears in 1 contract

Samples: Lease Agreement (Antares Pharma Inc)

Re-Entry Without Termination. Lessor may re-enter the Leased Premises ---------------------------- without terminating this Lease, and remove all persons and property from the Leased Premises, and relet the Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the Lease Term) and upon such terms as Lessor in Lessor's sole ’s reasonable discretion shall determine, and Lessor shall not be required to accept any lessee offered by Lessee or to observe any instructions given by Lessee relative to such reletting. In the event of any such reletting, Lessor may make repairs, alterations and additions in or to the Leased Premises and redecorate the same to the extent deemed necessary or desirable by Lessor and in connection therewith change the locks to the Leased Premises, and Lessee shall upon demand pay the cost thereof together with Lessor's ’s expenses of reletting. Lessor may collect the Total Rentals from any such reletting and apply the same first to the payment of the expenses of re-entry, redecoration, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's ’s part to terminate this Lease unless a written notice of such intention be given to Lessee, nor shall the same operate to release the Lessee in whole or in part from any of the Lessee's ’s obligations hereunder, and Lessor may, at any time and, from time to time, sue xxx and recover judgment for any deficiencies from time to time xxmaining remaining after the application from time to time of the proceeds of any such reletting.

Appears in 1 contract

Samples: Lease Agreement (Super Vision International Inc)

Re-Entry Without Termination. Lessor If Landlord terminates Tenant’s right to possession when an Event of Default exists, Tenant agrees to surrender possession of the premises to Landlord free of all rights of occupancy and in the condition this Lease requires at the end of the term. If Landlord terminates Tenant’s right to possession and Tenant does not surrender possession free of all rights of occupancy, Landlord may re-enter evict Tenant and any other occupant in accordance with California law without being liable for prosecution or any claim for damages. No eviction, and no reentry or accepting or taking possession of the Leased Premises ---------------------------- premises by Landlord is an election by Landlord to terminate this Lease, and Tenant waives any claim that Landlord has terminated this Lease unless Landlord delivers an express written notice to Tenant that it is terminating this Lease. As allowed by law and without waiving any of Tenant’s statutory rights to the contrary, upon any termination of Tenant’s right to possession of the premises without terminating this Lease, Landlord may, at Landlord’s sole option, enter the premises, remove Tenant’s signs and remove all persons and property from the Leased Premisesother evidences of tenancy, and relet take and hold possession of the Leased Premises premises without the entry and possession terminating this Lease or releasing Tenant, in whole or in part, from any obligation, including Tenant’s obligation to pay rent, for the full Term. Landlord may, but need not, re-lease all or any part thereof of the premises for any rent and on any terms in its sole discretion, including re-leasing the account premises as part of Lessee, for such time (which may be for a term extending beyond larger area and changing the Lease Term) and upon such terms as Lessor in Lessor's sole discretion shall determinecharacter or the use of the premises, and Lessor shall Landlord is not be required to accept any lessee offered by Lessee proposed replacement tenant that Tenant offers, or to observe any instructions given by Lessee relative to such relettingTenant gives about re-leasing. In Landlord may repair and alter the event of any such reletting, Lessor may make repairs, alterations and additions in or to the Leased Premises and redecorate the same premises to the extent deemed Landlord deems necessary or desirable by Lessor desirable, in its reasonable discretion. All rent and in connection therewith change the locks other sums Landlord receives from any re-leasing will be applied as follows: first, to any indebtedness other than rent that Tenant owes Landlord; second, to pay for repairs to the Leased PremisesPremise; third, and Lessee shall upon demand to pay the cost thereof together with Lessor's expenses of reletting. Lessor may collect the Total Rentals from any such reletting and apply the same first to the payment of the Landlord’s reasonable expenses of re-entryleasing, redecorationincluding unamortized broker commissions, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lesseereasonable attorney fees, and reasonable lease inducements, such as moving allowances; fourth, to rent that is due or past due; and Landlord will hold the rest, if any, and apply it to future rent that comes due. If the rent Landlord receives from re-leasing during any excess or residue shall operate only as an offsetting credit against month is less than the amount of Total Rental as rent Tenant owes under this Lease for that month, Tenant agrees to pay the same thereafter becomes due and payable hereunderdeficiency to Landlord, on a monthly basis. No such Notwithstanding any re-entry or repossessionby Landlord, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to Landlord may at any later time terminate this Lease unless for the previous breach by giving Tenant a written notice termination notice. If Landlord evicts Tenant, Landlord agrees to list the premises for lease with a broker and to consider any offer to lease in the ordinary course of such intention be given business as if this Lease had expired when scheduled and Tenant had no remaining obligations to Lessee, nor shall the same operate Landlord. Tenant agrees that doing so will satisfy any obligation Landlord has to release the Lessee in whole or in part from mitigate its damages and waives any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue and recover judgment for any deficiencies from time to time xxmaining after the application from time to time of the proceeds of any such relettingother mitigation obligation.

Appears in 1 contract

Samples: ADESTO TECHNOLOGIES Corp

Re-Entry Without Termination. Lessor may re-enter the Leased Premises ---------------------------- without terminating this Lease, and remove all persons and property from the Leased Premises, and relet the Leased Premises or any part thereof for the account of Lessee, for such time (which may be for a term extending beyond the Lease Term) and upon such terms as Lessor in Lessor's sole discretion shall determine, and Lessor shall not be required to accept any lessee offered by Lessee or to observe any instructions given by Lessee relative to such reletting. In the event of any such reletting, Lessor may make repairs, alterations and additions in or to the Leased Premises and redecorate the same to the extent deemed necessary or desirable by Lessor and in connection therewith change the locks to the Leased Premises, and Lessee shall upon demand pay the cost thereof together with Lessor's expenses of reletting. Lessor may collect the Total Rentals from any such reletting and apply the same first to the payment of the expenses of re-entry, redecoration, repairs and alterations and the expenses of reletting and second to the payment of Total Rental herein provided to be paid by Lessee, and any excess or residue shall operate only as an offsetting credit against the amount of Total Rental as the same thereafter becomes due and payable hereunder. No such re-entry or repossession, repairs, alterations and additions or reletting shall be construed as an eviction or ouster of Lessee or as an election on Lessor's part to terminate this Lease unless a written notice of such intention be given to Lessee, nor shall the same operate to release the Lessee in whole or in part from any of the Lessee's obligations hereunder, and Lessor may, at any time and, from time to time, sue and recover judgment for any deficiencies from time to time xxmaining timx xemaining after the application from time to time of the proceeds of any such reletting.

Appears in 1 contract

Samples: Lease Agreement (Sequiam Corp)

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