Common use of Re-letting the Premises Clause in Contracts

Re-letting the Premises. At the option of Landlord, rents received by Landlord from such re-letting shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent due hereunder; second, to the payment of any costs and expenses of such re-letting and including, but not limited to, attorneys fees, advertising fees and brokerage fees, and to the payment of any alteration and changes in the Premises; third, to the payment of Rent due and to become due hereunder, and, if after so applying said rents there is any deficiency in the Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any month shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder. No such re-entry or taking possession, of the Premises shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease by reason of such default, in addition to any other remedy it may have, it may recover from Tenant as damages the amount of Rent reserved in this Lease for the balance of the Term, as it may have been extended, over the then fair market rental value of the Premises for the same period, plus all court costs and attorneys' fees incurred by Landlord in the collection of the same.

Re-letting the Premises. At the option of Landlord, rents received by Landlord from such re-letting the Premises shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent due hereunderand other sums due; second, second to the payment of any costs and expenses of resulting from such re-letting and letting, including, but not limited to, attorneys attorneys' fees, advertising fees and brokerage fees, fees and to the payment of any alteration and changes in repairs or remodeling to the Premises; third, to the payment of Rent due and to become due hereunder, and, if after so applying said rents these amounts, there is any deficiency in the Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any month shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. In Provided, however, in the event Landlord re-lets the Premises for the balance of the lease term at a rent equal to or greater than the Rent due hereunder, then Tenant shall be relieved from paying any additional Rent from the date Landlord commences receiving rent from the new tenant. However, in no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder. No such re-entry or taking possession, of the Premises shall be construed relieved from paying Landlord’s Expenses as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous default. Should Landlord at any time defined in Subsection terminate this Lease by reason of such defaultany Default, in addition to any other remedy it may have, it may recover from Tenant as damages the amount of Rent reserved in this Lease for the balance of the Termterm, as it may have been extended, over the then fair market rental value of the Premises for the same periodperiod reduced to present value, plus all court costs and attorneys' ’ fees incurred by Landlord in the collection of the same.

Re-letting the Premises. At the option of Landlord, rents received by the Landlord from such re-letting shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent due hereunder; second, to the payment of any costs and expenses of such re-letting and including, but not limited to, attorneys fees, advertising fees and brokerage fees, and to the payment of any alteration and changes in the Premises; third, to the payment of Rent due and to become due hereunder, and, if after so applying said rents there is any deficiency in the Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any month shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. In The failure or refusal of Landlord to re-let the Premises or any part or parts thereof shall not release or affect Tenant's liability hereunder, nor shall Landlord be liable for failure to re-let, or in the event of re-letting, for failure to collect the rent thereof, and in no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder. No such re-entry or taking possession, of the Premises shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous defaultEvent of Default. Should Landlord at any time terminate this Lease by reason of such defaultEvent of Default, in addition to any other remedy it may have, it may recover from Tenant as damages the amount of Rent reserved in this Lease for the balance of the Term, as it may have been extended, over the then fair market rental value of the Premises for the same period, plus all court costs and attorneys' fees incurred by Landlord in the collection of the same.

Re-letting the Premises. At the option of Landlord, rents received by Landlord from such re-letting : (i) the Rent shall become due thereupon and be applied first paid up to the payment of any indebtedness from Tenant to Landlord other than Rent due hereunder; second, to the payment of any costs and expenses time of such re-letting entry, dispossess and/or termination; (ii) Landlord may relet the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the Term, and includingmay grant reasonable concessions of free rent; and (iii) Tenant or the legal representative of Tenant shall also pay Landlord, as damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, for each month of the period which would otherwise have constituted the balance of the Term, any deficiency between (x) the sum of (a) one monthly installment of Fixed Rent, (b) the Tax Rent that would have been payable for the month in question but for such reentry or termination, and (c) the current monthly minimum Common Area Rent, and (y) the net amount, if any, of the rents collected on account of the lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term. The reasonable refusal or failure of Landlord to relet the Premises or any part of parts thereof shall not limited torelease or affect Tenant's liability for damages provided Landlord shall have made the same effort and on the same terms to relet the Premises as with respect to other vacant space in the Office Park, however, Landlord shall not be required to prefer the reletting of the Premises over any other space in the Office Park. In computing such damages there shall be added to the said deficiency such reasonable expenses as Landlord' may incur in connection with reletting, such as court costs, attorneys fees, advertising fees and disbursements, brokerage fees, and to for the payment expenses of any alteration putting and changes keeping the Premises in good order or for preparing the Premises; third, to the payment of Rent due and to become due hereunder, and, if after so applying said rents there is any deficiency in the Rent to same for reletting as hereinafter provided. Any such damages shall be paid in monthly installments by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates rent day specified herein in this Lease and any payment made or suits suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the right rights of Landlord to collect the deficiency for any subsequent monthor prior month by a similar proceeding. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder. No Landlord, at Landlord's option, may make such re-entry or taking possessionalterations, of repairs, replacements and/or decorations in the Premises shall be construed as an election on Landlord in Landlord's part to terminate this Lease unless a written notice of such intention be given to Tenant. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous default. Should Landlord at any time terminate this Lease by reason of such default, in addition to any other remedy it may have, it may recover from Tenant as damages the amount of Rent reserved in this Lease sole judgment considers advisable and necessary for the balance purpose of the Term, as it may have been extended, over the then fair market rental value of reletting the Premises for the same periodpurpose of reletting the Premises to another user of warehouse space; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Except as expressly provided herein, plus all court costs and attorneys' fees incurred by Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises, or in the collection of event that the samePremises are relet, for failure to collect the rent thereof under such reletting.