Re-Entry Without Termination. Landlord may, at Landlord’s election, re-enter the Ground Leased Premises and any improvements thereon, and without terminating this Lease, at any time, relet the Ground Leased Premises and improvements, or any part(s) of them, for the account, and in the name of Tenant or otherwise, all upon commercially reasonable rates and terms determined by Landlord, without hereby obligating Landlord to relet the Ground Leased Premises and any improvements or make an effort to relet either or both of them in whole or in part, at any time. Any reletting may be for the remainder of the Term, or for any longer or shorter period. Landlord may execute any leases made under this provision either in Landlord’s name or in Tenant’s name, and Landlord shall be entitled to all rents from the use, operation or occupancy of the Ground Leased Premises or improvements, or both. Landlord shall have the further right, at Landlord’s option, to make such reasonable and necessary alterations, repairs, replacements and/or restorations which shall not operate or be construed to release Tenant from liability hereunder. Tenant shall nevertheless pay to Landlord on the due dates specified in this Ground Lease the equivalent of all sums required of Tenant under this Lease, plus Landlord’s expenses. No act by or on behalf of Landlord under this provision shall constitute a termination of this Ground Lease unless Landlord gives Tenant written notice of termination.
Appears in 2 contracts
Samples: Restructuring Agreement, Restructuring Agreement (Health Management Associates Inc)
Re-Entry Without Termination. Landlord Lessor may, at Landlord’s Lessor's election, re-enter the Ground Leased Premises Premises, the MOB and any improvements thereon, and without terminating this Lease, at any time, relet the Ground Leased Premises and improvements, or any part(s) of them, for the account, and in the name of Tenant Lessee or otherwise, all upon commercially reasonable rates and terms determined by LandlordLessor, without hereby obligating Landlord Lessor to relet the Ground Leased Premises and any improvements the MOB or make an effort to relet either or both of them in whole or in part, at any time. Any reletting may be for the remainder of the Term, Term or for any longer or shorter period. Landlord Lessor may execute any leases made under this provision either in Landlord’s Lessor's name or in Tenant’s Lessee's name,, and Landlord Lessor shall be entitled to all rents from the use, operation or occupancy of the Ground Leased Premises or improvements, or both. Landlord Lessor shall have the further right, at Landlord’s Lessor's option, to make such reasonable and necessary alterations, repairs, replacements and/or restorations which shall not operate or be construed to release Tenant Lessee from liability hereunder. Tenant Lessee shall nevertheless pay to Landlord Lessor on the due dates specified in this Ground Lease the equivalent of all sums required of Tenant Lessee under this Lease, plus Landlord’s Lessor's expenses. No act by or on behalf of Landlord Lessor under this provision shall constitute a termination of this Ground Lease unless Landlord Lessor gives Tenant Lessee written notice of termination.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Windrose Medical Properties Trust)
Re-Entry Without Termination. If permitted under applicable law, Landlord may, at Landlord’s election, re-enter the Ground Leased Premises Premises, the MOB and any improvements thereon, and without terminating this Lease, at any time, relet the Ground Leased Premises and improvements, or any part(s) of them, for the account, and in the name of Tenant or otherwise, all upon commercially reasonable rates and terms determined by Landlord, without hereby obligating Landlord to relet the Ground Leased Premises and any improvements the MOB or make an effort to relet either or both of them in whole or in part, at any time. Any reletting may be for the remainder of the Term, the Extended Term(s) or for any longer or shorter period. Landlord may execute any leases made under this provision either in Landlord’s name or in Tenant’s name, and Landlord shall be entitled to all rents from the use, operation or occupancy of the Ground Leased Premises or improvements, or both. Landlord shall have the further right, at Landlord’s option, to make such reasonable and necessary alterations, repairs, replacements and/or restorations which shall not operate or be construed to release Tenant from liability hereunder. Tenant shall nevertheless pay to Landlord on the due dates specified in this Ground Lease the equivalent of all sums required of Tenant under this Lease, plus Landlord’s reasonable expenses. No act by or on behalf of Landlord under this provision shall constitute a termination of this Ground Lease unless Landlord gives Tenant written notice of termination.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Physicians Realty Trust)
Re-Entry Without Termination. Landlord may, at Landlord’s election, re-enter may reenter the Ground Leased Premises and any improvements thereonand, and without terminating this Lease, at any time, time and from time to time relet the Ground Leased Premises and improvementsImprovements, or any part(s) part or parts of them, for the account, account and in the name of Tenant or otherwise, all upon commercially reasonable rates and terms determined by Landlord, without hereby obligating . Landlord to relet the Ground Leased Premises and any improvements or make an effort to relet either or both of them in whole or in partmay, at any timeXxxxxxxx’s election, eject all persons or eject some and not others or eject none. Any reletting may be for the remainder of the Term, term of the Lease or for any a longer or shorter periodterm. Landlord may execute any leases made under this provision either in Landlord’s name or in Tenant’s name, and Landlord shall be entitled to all rents from the use, operation operation, or occupancy of the Ground Leased Premises or improvements, Improvements or both. Landlord shall have the further right, at Landlord’s option, to make such reasonable and necessary alterations, repairs, replacements and/or restorations which shall not operate or be construed to release Tenant apply all rents from liability hereunderreletting as provided in Section 9.07 of this Lease. Tenant shall nevertheless pay to Landlord on the due dates specified in this Ground Lease Lease, the equivalent of all sums required of Tenant under this Lease, plus Landlord’s expenses, less the proceeds of any reletting. No act by or on behalf of Landlord under this provision shall constitute a termination of this Ground Lease unless Landlord gives Tenant written notice of termination.
Appears in 1 contract
Samples: Lease Agreement
Re-Entry Without Termination. Landlord may, at Landlord’s election, may re-enter the Ground Leased Premises and any improvements thereon, and without terminating this Lease, at any timeand remove all property from the Premises, and relet the Ground Leased Premises and improvements, or any part(s) of them, part thereof for the accountaccount of Tenant, upon such terms as Landlord in Landlord’s sole discretion shall determine. Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. In the event of any such reletting, Landlord may make repairs, alterations, and in additions to the name Premises to the extent deemed reasonably necessary by Landlord, and Tenant shall upon demand pay the cost thereof. Landlord may collect the rents from any such reletting and apply the same first to the payment of the repairs, alterations, additions, expenses of re-entry, attorney’s fees, court costs, collection services, and leasing commissions and second to the payment of Base Rent and Operating Expenses herein provided to be paid by Tenant, and any excess or residue shall operate only as an offsetting credit against the amount of 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 Tenant or otherwiseas an election on Landlord’s part to terminate this Lease unless a written notice of such intention be given to Tenant, all upon commercially reasonable rates and terms determined by Landlord, without hereby obligating Landlord nor shall the same operate to relet release the Ground Leased Premises and any improvements or make an effort to relet either or both of them Tenant in whole or in partpart from any of the Tenant’s obligations hereunder, and Landlord may, at any time and, from time to time. Any reletting may be , xxx and recover judgment for any deficiencies from time to time remaining after the remainder application from time to time of the Term, or for proceeds of any longer or shorter period. Landlord may execute any leases made under this provision either in Landlord’s name or in Tenant’s name, and Landlord shall be entitled to all rents from the use, operation or occupancy of the Ground Leased Premises or improvements, or both. Landlord shall have the further right, at Landlord’s option, to make such reasonable and necessary alterations, repairs, replacements and/or restorations which shall not operate or be construed to release Tenant from liability hereunder. Tenant shall nevertheless pay to Landlord on the due dates specified in this Ground Lease the equivalent of all sums required of Tenant under this Lease, plus Landlord’s expenses. No act by or on behalf of Landlord under this provision shall constitute a termination of this Ground Lease unless Landlord gives Tenant written notice of terminationreletting.
Appears in 1 contract
Samples: Lease Agreement (Cardionet Inc)