Re-letting. Should Lessor elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may either terminate this Lease, or it may, from time to time, without terminating this Lease, make such reasonable alterations and reasonable repairs as may be necessary in order to re-let the premises, and re-let said 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 other terms and conditions as Lessor in its discretion may deem advisable; upon each such re-letting, all rentals received by the Lessor from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such re-letting during any month be less than that to be paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any such re-letting without termination, Lessor may, at any time thereafter, elect to terminate this Lease for nay-such previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premises.
Appears in 1 contract
Samples: Lease (Daedalus Systems Inc)
Re-letting. Should Lessor elect to If Landlord re-enter, enters upon the Leased Premises as herein providedprovided in Subsection 19(b)(iii), or should it take takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided by lawthe Applicable Laws, it then Landlord either may either terminate this Lease, or it mayor, from time to time, time without terminating this Lease, make such reasonable alterations and reasonable repairs as may be necessary in order to for the purpose of re-letting the Leased Premises and re-let the premises, and re-let said premises Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Lessor in its discretion may deem Landlord deems advisable; upon . Upon each such re-letting, all rentals received by the Lessor from such re-letting shall be applied first in the following order: (i) first, to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessorreasonable costs and expenses incurred by Landlord in connection with such re-entry or taking of possession and making such reasonable alterations and repairs; (ii) second, to the payment of Rent and any costs and expenses other outstanding indebtedness of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, Tenant to the payment of rent due and unpaid hereunderLandlord hereunder or in connection herewith; and (iii) the residueremainder, if any, shall be held by Lessor Landlord and applied in payment of future rent Rent as the same may become it becomes due and payable hereunder. If such the rentals received from such re-letting during any month be are less than that to be paid the full amount of Rent payable hereunder during that month by Lessee hereundermonth, Lessee then Tenant shall pay any such deficiency to LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking of possession by Landlord of said premises by Lessor the Leased Premises shall be construed as an election on its part to terminate this Lease Lease, or as an acceptance of a surrender of the Leased Premises, unless a written notice of such intention be given termination 32 or acceptance of surrender is delivered by Landlord to Lessee or unless the termination thereof be decreed by a Court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, Lessor may, Landlord at any time thereafter, thereafter may elect to terminate this Lease for nay-Tenant's previous Tenant Default. Landlord shall use reasonable efforts to mitigate its damages in the event of a Tenant Default; provided that it shall remain Tenant's burden of proof to establish that Landlord failed to use reasonable efforts to mitigate such previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premisesdamages.
Appears in 1 contract
Samples: Lease (Brightpoint Inc)
Re-letting. Should Lessor elect to In the event Landlord re-enter, enters upon the Leased Premises as herein providedprovided in Clause (iii) of foregoing Subparagraph (b), or should it take takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, it Landlord may either terminate this Lease, or it may, from time to time, time without terminating this Lease, make such reasonable alterations and reasonable repairs as may be necessary in order to for the purpose of re-letting the Leased Premises and re-let the premises, and re-let said premises Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Lessor in its discretion may deem Landlord reasonably deems advisable; upon . Upon each such re-letting, all rentals received by the Lessor from such re-letting shall be applied applied: first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessorcosts of such alterations and repairs; second, to the payment of Rent and any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, to the payment of rent other indebtedness due and unpaid hereunder; and the residueremainder, if any, shall be held by Lessor Landlord and applied in payment of future rent Rent as the same may become it becomes due and payable hereunder. If such the rentals received from such re-letting during any month be are less than that amounts to be paid hereunder by Tenant during that month by Lessee hereundermonth, Lessee Tenant shall pay any such deficiency to LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking of possession by Landlord of said premises by Lessor the Leased Premises shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be termination is given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, Lessor may, Landlord may at any time thereafter, thereafter elect to terminate this Lease for nay-such Tenant’s previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premisesdefault.
Appears in 1 contract
Samples: Lease (Ener1 Inc)
Re-letting. Should Lessor elect to In the event Landlord re-enter, enters upon the Leased Premises as herein providedprovided in Clause (iii) of foregoing Subparagraph (b), or should it take takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, it Landlord may either terminate this Lease, or it may, from time to time, time without terminating this Lease, make such reasonable alterations and reasonable repairs as may be necessary in order to for the purpose of re-letting the Leased Premises and re-let the premises, and re-let said premises Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the term of this LeaseLease Term) and at such rental or rentals and upon such other terms and conditions as Lessor Landlord reasonably deems advisable. If Landlord fails to re-let the Leased Premises, Tenant shall pay to Landlord the Base Rent and Additional Rent reserved in its discretion may deem advisable; upon this Lease for the balance of the Lease Term as those amounts become due in accordance with the terms of this Lease. Upon each such re-letting, all rentals received by the Lessor from such re-letting shall be applied applied: first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessorcosts of such alterations and repairs; second, to the payment of Base Rent, Additional Rent and any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, to the payment of rent other indebtedness due and unpaid hereunder; and the residueremainder, if any, shall be held by Lessor Landlord and applied in payment of future rent Base Rent and Additional Rent as the same may become it becomes due and payable hereunder. If such the rentals received from such re-letting during any month be are less than that amounts to be paid hereunder by Xxxxxx during that month by Lessee hereundermonth, Lessee Tenant shall pay any such deficiency to LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking of possession by Landlord of said premises by Lessor the Leased Premises shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be termination is given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, Lessor may, Landlord may at any time thereafter, thereafter elect to terminate this Lease for nay-such Tenant’s previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premisesdefault.
Appears in 1 contract
Samples: Lease (Aqua Power Systems Inc.)
Re-letting. Should Lessor elect to re-enterIf, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may either terminate the provisions of this Lease, or it mayLandlord becomes entitled to elect, from time to timeand Landlord does elect, without terminating this Lease, make such reasonable alterations to endeavor to relet the Premises, Landlord may, at Landlord's option, enter into the Premises, remove Tenant's signs and reasonable repairs as may be necessary in order to re-let the premisesother evidence of tenancy, and re-let said premises take and hold possession thereof as in subsection ( c ) of this section provided, without such entry and possession terminating this Lease or releasing Tenant, in whole or in part, from Tenant's obligation to pay the Rent hereunder for the full term as hereinafter provided. Upon and after entry into possession without termination of this Lease, Landlord may relet the Premises or any part thereof for the account of Tenant to any person, firm or corporation other than Tenant for such term rent, for such time and upon such terms as Landlord shall determine to be reasonable. In any such case, Landlord may make repairs, alterations and additions in or terms (which may be to the Premises, and redecorate the same to the extent deemed by Landlord necessary or desirable, and Tenant shall, upon demand, pay the reasonable cost thereof, together with Landlord's reasonable expenses of the reletting. If the consideration collected by Landlord upon any such reletting for a term extending beyond Tenant's account is not sufficient to pay monthly the term full amount of the Rent reserved in this Lease) , together with the cost of repairs, alterations, additions, redecorating and at such rental or rentals and upon other terms and conditions as Lessor in its discretion may deem advisable; upon each such re-lettingLandlord's expenses, all rentals received by the Lessor from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such re-letting during any month be less than that to be paid during that month by Lessee hereunder, Lessee Tenant shall pay any such to Landlord the amount of each monthly deficiency to Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any such re-letting without termination, Lessor may, at any time thereafter, elect to terminate this Lease for nay-such previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premisesupon demand.
Appears in 1 contract
Samples: Lease Agreement (X Ramp Com Inc)
Re-letting. Should Lessor Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may either terminate this Lease, Lease or it may, may from time to time, time without terminating this Lease, make such reasonable alterations and reasonable repairs as may be necessary in order to re-let the premises, and re-let said 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 other terms and conditions as Lessor Landlord in its discretion may deem advisable; upon each such re-letting, letting all rentals received by the Lessor Landlord from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Lessee Tenant to LessorLandlord; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorney's attorneys' fees and of costs of such reasonable alterations and reasonable repairs; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such re-letting during any month be less than that to be paid during that month by Lessee Tenant hereunder, Lessee Tenant shall pay any such deficiency to LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by Lessor landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Lessee Tenant or unless the termination thereof be decreed by a Court of competent jurisdiction. Notwithstanding any such re-letting without termination, Lessor may, Landlord may at any time thereafter, thereafter elect to terminate this Lease for nay-any such previous breach. Should Lessor Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant Tenant, damages it may incur by reason of such breach breach, including reasonable attorney's attorneys' fees and other costs of recovering the demised leased premises.
Appears in 1 contract
Samples: Contract for Sale and Purchase of Assets (V Twin Acquisitions Inc)
Re-letting. Should Lessor elect to In the event Landlord re-enter, enters upon the Leased Premises as herein providedprovided in Clause (iii) of foregoing Subparagraph (b), or should it take takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, it Landlord may either terminate this Lease, or it may, from time to time, time without terminating this Lease, make such reasonable alterations and reasonable repairs as may be necessary in order to for the purpose of re-letting the Leased Premises and re-let the premises, and re-let said premises Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the term of this LeaseLease Term) and at such rental or rentals and upon such other terms and conditions as Lessor Landlord reasonably deems advisable. If Landlord fails to re-let the Leased Premises, Tenant shall pay to Landlord the Base Rent and Additional Rent reserved in its discretion may deem advisable; upon this Lease for the balance of the Lease Term as those amounts become due in accordance with the terms of this Lease. Upon each such re-letting, all rentals received by the Lessor from such re-letting shall be applied applied: first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessorcosts of such alterations and repairs; second, to the payment of Base Rent, Additional Rent and any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, to the payment of rent other indebtedness due and unpaid hereunder; and the residueremainder, if any, shall be held by Lessor Landlord and applied in payment of future rent Base Rent and Additional Rent as the same may become it becomes due and payable hereunder. If such the rentals received from such re-letting during any month be are less than that amounts to be paid hereunder by Tenant during that month by Lessee hereundermonth, Lessee Tenant shall pay any such deficiency to LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking of possession by Landlord of said premises by Lessor the Leased Premises shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be termination is given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, Lessor may, Landlord may at any time thereafter, thereafter elect to terminate this Lease for nay-such Tenant’s previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premisesdefault.
Appears in 1 contract
Re-letting. Should Lessor elect to In the event Landlord re-enterenters upon the Leased Premises as provided in the foregoing Section 13.02 or takes possession of the Leased Premises, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it Landlord may either terminate this Lease, or it mayLease or, from time to time, time without terminating this Lease, Lease make such reasonable alterations alternations and reasonable repairs as may be reasonably necessary in order to for the purpose of re-letting the Leased Premises and re-let the premises, and re-let said premises Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the term of this LeaseLease Term) and at such rental or rentals and upon such other terms and conditions as Lessor Landlord in its reasonable discretion may deem deems advisable; upon . Upon each such re-letting, all rentals received by the Lessor from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessorcosts of such alterations and repairs; second, to the payment of rent and any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, to the payment of rent other indebtedness due and unpaid hereunder; and the residueremainder, if any, shall be held by Lessor and applied in payment of future rent as rent. Tenant shall be liable to Landlord for the same may become due difference between Tenant’s Rent and payable hereunder. If such rentals other charges herein provided and the rental and other charges received from such re-letting during any month be less than that to be paid during that month letting. Any such difference (or the entire rental in the event the Leased Premises is not relet) owing by Lessee hereunder, Lessee shall pay any such deficiency to Lessor. Such deficiency Tenant for the entire remainder of the Lease Term shall be calculated due and paid monthlymay be recovered at once, at the option of the Landlord, without awaiting the expiration of the Lease Term; in which case, recovery shall be based upon the best estimates of the amounts thereof available at that time without releasing Tenant from liability for payment of all amounts due under this Lease. No such re-re- entry or taking possession of said premises possessions by Lessor Landlord of the Leased Premises shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be termination is given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdictionTenant. Notwithstanding any such re-re- letting without termination, Lessor may, Landlord may at any time thereafter, thereafter elect to terminate this Lease for nayTenant’s previous default. Landlord shall take commercially reasonable steps to re-such previous breach. Should Lessor at any time terminate this Lease for any breach, in addition let the Leased Premises to any other remedies it may have, it may recover mitigate Landlord’s Damages which result from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premisesTenant’s Default.
Appears in 1 contract
Samples: Sublease Agreement
Re-letting. Should Lessor elect to If Landlord re-enter, enters upon the Leased Premises as herein providedprovided in Section 16.2.3, or should it take takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, it Landlord may either terminate this Lease, or it may, from time to time, time without terminating this Lease, make such reasonable alterations and reasonable repairs as may be necessary in order to for the purpose of re-letting the Leased Premises and re-let the premises, and re-let said premises Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the term of this LeaseLease Term) and at such rental or rentals and upon such other terms and conditions as Lessor Landlord in its sole discretion may deem deems advisable; upon . Upon each such re-letting, all rentals received by the Lessor from such re-letting shall be applied first to the payment of any indebtednessthe reasonable costs of such re-letting, including leasing commissions, rental and other than rent due hereunder from Lessee to Lessorconcessions, demolition, alterations and repairs; second, to the payment of rent and any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, to the payment of rent other indebtedness due and unpaid hereunder; and the residueremainder, if any, shall be held by Lessor Landlord and applied in payment of future rent as the same may become it becomes due and payable hereunder. If such the rentals received from such re-letting during any month be are less than that amounts to be paid hereunder by Tenant during that month by Lessee hereundermonth, Lessee Tenant shall pay any such deficiency to LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking of possession by Landlord of said premises by Lessor the Leased Premises shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be termination is given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdictionTenant. Notwithstanding any such re-letting without termination, Lessor may, Landlord may at any time thereafter, thereafter elect to terminate this Lease for nay-such Tenant's previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premisesdefault.
Appears in 1 contract
Samples: Office Space Lease
Re-letting. Should Lessor elect to In the event Landlord re-enterenters upon the Leased Premises as provided in the foregoing Section 13.02 or takes possession of the Leased Premises, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it Landlord may either terminate this Lease, or it may, from time to time, time without terminating this Lease, make such reasonable alterations alternations and reasonable repairs as may be reasonably necessary in order to for the purpose of re-letting the Leased Premises and re-let the premises, and re-let said premises Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the term of this LeaseLease Term) and at such rental or rentals and upon such other terms and conditions as Lessor Landlord in its reasonable discretion may deem deems advisable; upon . Upon each such re-letting, all rentals received by the Lessor from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, second to the payment of rent and any other indebtedness due and unpaid hereunder; and the residueremainder, if any, shall be held by Lessor and applied in payment of future rent. Tenant shall be liable to Landlord for the difference between the Tenant’s rent as and other charges herein provided, and the same may become due rental and payable hereunder. If such rentals other charges received from such re-letting during any month be less than that to be paid during that month letting. Any such difference (or the entire rental in the event the Leased Premises is not relet) owing by Lessee hereunder, Lessee shall pay any such deficiency to Lessor. Such deficiency Tenant for the entire remainder of the Lease Term shall be calculated due and paid monthlymay be recovered at once, at the option of the Landlord, without awaiting the expiration of the Lease Term; in which case, recovery shall be based upon the best estimates of the amounts thereof available at that time without releasing Tenant from liability for payment of all amounts due under this Lease. No such re-re- entry or taking possession of said premises possessions by Lessor Landlord of the Leased Premises shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be termination is given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdictionTenant. Notwithstanding any such re-re- letting without termination, Lessor may, Landlord may at any time thereafter, thereafter elect to terminate this Lease for nay-such Tenant’s previous breach. Should Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach including reasonable attorney's fees and other costs of recovering the demised premisesdefault.
Appears in 1 contract
Samples: Sublease Agreement
Re-letting. Should Lessor elect to In the event Landlord re-enter, enters upon the Leased Premises as herein provided, provided in clause (c) or should it take the foregoing Section 13.02 or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, it Landlord may either terminate this Lease, or it may, from time to time, time without terminating this Lease, make such reasonable alterations alternations and reasonable repairs as may be reasonably necessary in order to for the purpose of re-letting the Leased Premises and re-let the premises, and re-let said premises Leased Premises or any part thereof for such term or terms (which may be for a term extending extend beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Lessor Landlord in its reasonable discretion may deem deems advisable; upon . Upon each such re-lettingreletting, all rentals received by the Lessor from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Lessee to Lessor; second, to the payment of any costs and expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such reasonable alterations and reasonable repairs; third, second to the payment of rent and any other indebtedness due and unpaid hereunder; and the residueremainder, if any, shall be held by Lessor Landlord and applied in payment of future rent as the same may become it becomes due and payable hereunder. If such the rentals received from such re-letting during any month be are less than that amounts to be paid hereunder by Tenant during that month by Lessee hereundermonth, Lessee Tenant shall pay any such deficiency to LessorLandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises possessions by Lessor Landlord of the Leased Premises shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be termination is given to Lessee or unless the termination thereof be decreed by a Court of competent jurisdictionTenant. Notwithstanding any such re-re- letting without termination, Lessor may, Landlord may at any time thereafter, thereafter elect to terminate this Lease for nay-Tenant's previous default. Notwithstanding any other provisions contained in this Lease, in the event the depository institution then operating on the Leased Premises is closed, or is taken over by any depository institution supervisory authority ("Authority"), Landlord may, in either such previous breach. Should Lessor at any time event, terminate this Lease only with the concurrence of any Receiver or Liquidator appointed by such Authority; provided, that in the event this Lease is so terminated by the Receiver or Liquidator, the maximum claim of Landlord for any breachrent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in addition no event be in an amount equal to any other remedies it may have, it may recover from Tenant damages it may incur by reason all accrued and unpaid rent to the date of such breach including reasonable attorney's fees and other costs of recovering the demised premisestermination.
Appears in 1 contract