Common use of Re-letting Clause in Contracts

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in Clause (iii) of foregoing Subparagraph (b), or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alterations and repairs for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) at such rental and upon such other terms and conditions as Landlord reasonably deems advisable. Upon each re-letting, all rentals received from such re-letting shall be applied: first to payment of costs of such alterations and repairs; second, to the payment of Rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future Rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant’s previous default.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in Clause clause (iiic) of or the foregoing Subparagraph (b), Section 13.02 or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alterations alternations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) at such rental and upon such other terms and conditions as Landlord reasonably in its reasonable discretion deems advisable. Upon each re-lettingreletting, all rentals received from such re-letting shall be applied: applied first to payment of costs of such alterations and repairs; second, second to the payment of Rent rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future Rent rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possession possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re-re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant’s '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 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 rent, damages or indemnity for injury resulting from the termination, rejection or abandonment of the unexpired Lease shall by law in no event be in an amount equal to all accrued and unpaid rent to the date of termination.

Re-letting. In the event If Landlord re-enters upon the Leased Premises as provided in Clause (iii) of foregoing Subparagraph (b)Section 16.2.3, or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alterations and repairs for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord reasonably in its sole discretion deems advisable. Upon each re-letting, all rentals received from such re-letting shall be applied: applied first to payment of the reasonable costs of such re-letting, including leasing commissions, rental and other concessions, demolition, alterations and repairs; second, to the payment of Rent rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future Rent rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant’s 's previous default.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in Clause (iii) of the foregoing Subparagraph (b), Section 13.02 or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawPremises, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alterations alternations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord reasonably in its reasonable discretion deems advisable. Upon each re-letting, all rentals received from such re-letting shall be applied: applied first to payment of costs of such alterations and repairs; second, second to the payment of Rent rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future Rent as it becomes due rent. Tenant shall be liable to Landlord for the difference between the Tenant’s rent and payable hereunder. If other charges herein provided, and the rentals rental and other charges received from such re-letting during any month are less than amounts to be paid hereunder letting. Any such difference (or the entire rental in the event the Leased Premises is not relet) owing by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency 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 re-re- entry or taking of possession possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re-re- letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant’s previous default.

Re-letting. In the event Landlord re-enters upon the Leased Premises as provided in Clause (iii) of the foregoing Subparagraph (b), Section 13.02 or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawPremises, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alterations alternations and repairs reasonably necessary for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this LeaseLease Term) at such rental and upon such other terms and conditions as Landlord reasonably in its reasonable discretion deems advisable. Upon each re-letting, all rentals received from such re-letting shall be applied: applied first to payment of costs of such alterations and repairs; second, second to the payment of Rent rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord and applied in payment of future Rent as it becomes due rent. Tenant shall be liable to Landlord for the difference between the Tenant’s rent and payable hereunder. If other charges herein provided, and the rentals rental and other charges received from such re-letting during any month are less than amounts to be paid hereunder letting. Any such difference (or the entire rental in the event the Leased Premises is not relet) owing by Tenant during that month, Tenant shall pay any such deficiency to Landlord. Such deficiency 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 re-entry or taking of possession possessions by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant’s previous default.

Re-letting. In the event Landlord Sublessor re-enters upon the Leased Premises premises as provided in Clause (iiic) of the foregoing Subparagraph (b)Section 15, or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord they may either terminate this Leasesublease, or from time to time without terminating this LeaseSublease, make alterations and repairs for the purpose of re-letting the Leased Premises and re-let the Leased Premises premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) lease terms provided that Sublessee shall not be responsible for any such periods beyond the lease terms), at such rental and upon such other terms and conditions as Landlord Sublessor reasonably deems advisable. Upon each such re-letting, all rentals received from such re-letting shall be applied: applied first to payment of costs of and expenses (including, without limitation, reasonable attorneys' fees) incurred by Sublessor in connection with such repossession, removal, re-letting, alterations and repairs; second, to the payment of Rent rent and any other indebtedness due and unpaid hereunder; and the remainder, if any, shall be held by Landlord Sublessor and applied in payment of future Rent rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid hereunder by Tenant Sublessee during that month, Tenant Sublessee shall pay any such deficiency to LandlordSublessor. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possession by Landlord Sublessor of the Leased Lease Premises shall be construed as an election to terminate this Lease sublease unless a written notice of termination is given to TenantSublessee. Notwithstanding any re-letting without termination, Landlord Sublessor may at any time thereafter elect to terminate this Lease lease for Tenant’s Sublessee's previous default.

Re-letting. In If, pursuant to the event provisions of this Lease, Landlord re-enters upon becomes entitled to elect, and Landlord does elect, without terminating the Leased Premises Lease, to endeavor to relet the Premises, Landlord may, at Landlord's option, enter into the Premises, remove Tenant's signs and other evidence of tenancy, and take and hold possession thereof as provided in Clause Paragraph (iiic) of foregoing Subparagraph (b)this Section provided, without such entry and possession terminating the Lease or takes 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 the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawLease, Landlord may either terminate this Lease, or from time to time without terminating this Lease, make alterations and repairs for relet the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for the account of Tenant to any person, firm or corporation other than Tenant for such term or terms (which may extend beyond the term of this Lease) at rent, for such rental time and upon such other terms and conditions as Landlord reasonably deems advisableshall determine to be reasonable. Upon each re-lettingIn any such case, all rentals received from such re-letting shall be applied: first to payment of costs of such Landlord may make repairs, alterations and repairs; second, additions in or to the payment of Rent Premises, and any other indebtedness due and unpaid hereunder; and redecorate the remainder, if any, shall be held same to the extent deemed by Landlord necessary or desirable, and applied in payment Tenant shall, upon demand, pay the reasonable cost thereof, together with Landlord's reasonable expenses of future Rent as it becomes due and payable hereunderthe reletting. If the rentals received from consideration collected by Landlord upon any such re-letting during any month are less than amounts reletting for Tenant's account is not sufficient to be paid hereunder by Tenant during that monthpay monthly the full amount of the Rent reserved in this Lease, together with the cost of repairs, alterations, additions, redecorating and Landlord's expenses, Tenant shall pay any such to Landlord the amount of each monthly deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease unless a written notice of termination is given to Tenant. Notwithstanding any re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for Tenant’s previous defaultupon demand.

Re-letting. In the event If Landlord re-enters upon the Leased Premises as provided in Clause (iii) of foregoing Subparagraph (bSubsection 19(b)(iii), or takes possession of the Leased Premises pursuant to legal proceedings or pursuant to any notice provided for by lawthe Applicable Laws, then Landlord either may either terminate this Lease, or or, from time to time without terminating this Lease, make alterations and repairs for the purpose of re-letting the Leased Premises and re-let the Leased Premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) at such rental and upon such other terms and conditions as Landlord reasonably deems advisable. Upon each re-letting, all rentals received from such re-letting shall be appliedapplied in the following order: first (i) first, to payment of reasonable 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 other outstanding indebtedness due and unpaid hereunderof Tenant to Landlord hereunder or in connection herewith; and (iii) the remainder, if any, shall be held by Landlord and applied in payment of future Rent as it becomes due and payable hereunder. If the rentals received from such re-letting during any month are less than amounts to be paid the full amount of Rent payable hereunder by Tenant during that month, then Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No re-entry or taking of possession by Landlord of the Leased Premises shall be construed as an election to terminate this Lease Lease, or as an acceptance of a surrender of the Leased Premises, unless a written notice of termination 32 or acceptance of surrender is given delivered by Landlord to Tenant. Notwithstanding any re-letting without termination, Landlord may at any time thereafter may elect to terminate this Lease for Tenant’s 's previous defaultTenant 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 damages.