Common use of Recovery of Possession; Reletting Clause in Contracts

Recovery of Possession; Reletting. Whether or not this Lease has been terminated as herein provided, terminate Tenant’s right of possession and re-enter and repossess the Premises or any part thereof by summary proceedings, ejectment, forcible entry and detainer, forcible detainer or otherwise, and Landlord shall have the right to remove all persons and property therefrom and change the locks, without judicial process. Landlord shall be under no liability for or by reason of any such entry, repossession or removal. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election on Landlord’s part to terminate this Lease or to accept a surrender thereof unless a written notice of such intention is given by Landlord to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction . If (and only to the extent) required by Applicable Law, Landlord shall use reasonable efforts to relet the Premises on market terms and may satisfy said obligation by complying with the provisions of Section 23.2(f) below; however, Landlord may at its option re let all or any part of the Premises for the account of Tenant for such term or terms (which may be greater or Jess than the period which would otherwise have constituted the balance of the Term) and on such conditions (which may include concessions or free Rent) and for such uses as Landlord, in its sole discretion, may determine, and Landlord may collect and receive any Rents payable by reason of such re letting; and apply the same on account of Rent due and to become due hereunder. Landlord shall not be required to accept any tenant offered by Tenant or observe any instruction given by Tenant about such reletting, or do any act or exercise any care or diligence with respect to such reletting, unless required by Applicable Law. For the purpose of such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Premises or any part thereof to the extent deemed by Landlord desirable or convenient, and the reasonable cost of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Tenant as Rent hereunder, as well as any reasonable brokerage and legal fees expended by Landlord. Landlord reserves the right to terminate this Lease at any time after taking possession of the Premises as aforesaid. Neither termination nor repossession and reletting shall relieve Tenant of its obligations hereunder, all of which shall survive such termination, repossession or reletting. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Section 23 from time to time and that no suit or recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. If Landlord terminates Tenant’s possession of the Premises under this Section 23, Landlord shall have no obligation to post any notice and Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises; and/or

Recovery of Possession; Reletting. Whether or not this Lease has been terminated as herein provided, terminate Tenant’s right of possession and re-enter and repossess the Premises or any part thereof by summary proceedings, ejectment, forcible entry and detainer, forcible detainer or otherwise, and Landlord shall have the right to remove all persons and property therefrom and change the locks, without judicial process. Landlord shall be under no liability for or by reason of any such entry, repossession or removal. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election on Landlord’s part to terminate this Lease or to accept a surrender thereof unless a written notice of such intention is given by Landlord to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction jurisdiction. If (and only to the extent) required by Applicable Law, Landlord shall use reasonable efforts to relet the Premises on market terms and may satisfy said obligation by complying with the provisions of Section 23.2(f(t) below; however, Landlord may at its option re let relet all or any part of the Premises for the account of Tenant for such term or terms (which may be greater or Jess less than the period which would otherwise have constituted the balance of the Term) and on such conditions (which may include concessions or free Rent) and for such uses as Landlord, in its sole reasonable discretion, may determine, and Landlord may collect and receive any Rents payable by reason of such re lettingreletting; and apply the same on account of Rent due and to become due hereunder. Landlord shall not be required to accept any tenant offered by Tenant or observe any instruction given by Tenant about such reletting, or do any act or exercise any care or diligence with respect to such reletting, unless required by Applicable Law. For Solely for the purpose of such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Premises or any part thereof to the extent deemed by Landlord desirable or convenient, and the actual, reasonable cost out-of-pocket costs of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Tenant as Rent hereunder, as well as any reasonable brokerage and legal fees actually and reasonably expended by LandlordLandlord and paid to third parties. Landlord reserves the right to terminate this Lease at any time after taking possession of the Premises as aforesaid. Neither termination nor repossession and reletting shall relieve Tenant of its obligations hereunder, all of which shall survive such termination, repossession or reletting. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Section 23 from time to time and that no suit or recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. If Landlord terminates Tenant’s possession of the Premises under this Section 23, Landlord shall have no obligation to post any notice and Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises; and/or

Recovery of Possession; Reletting. Whether whether or not this Lease has been terminated as herein provided, terminate Tenant’s right of possession and re-enter and repossess the Premises or any part thereof by summary proceedings, ejectment, forcible entry and detainer, forcible detainer ejectment or otherwise, and Landlord shall have the right to remove all persons and property therefrom and change the locks, without judicial processtherefrom. Landlord shall be under no liability for or by reason of any such entry, repossession or removal. No ; and no such re-entry or taking of possession of the Premises by Landlord shall be construed as an election on Landlord’s part to terminate this Lease or to accept a surrender thereof unless a written notice of such intention is be given by Landlord to Tenant or unless the termination of this Lease is be decreed by a court of competent jurisdiction jurisdiction. If (and only Notwithstanding any law or custom to the extent) required by Applicable Lawcontrary, Landlord shall use reasonable efforts have no legal obligation to relet mitigate its damages; however, at any time or from time to time after the repossession of the Premises on market terms and may satisfy said obligation by complying with or any part thereof whether or not the provisions of Section 23.2(f) below; howeverTerm shall have been terminated, Landlord may at its option re let relet all or any part of the Premises for the account of Tenant for such term or terms (which may be greater or Jess less than the period which would otherwise have constituted the balance of the Term) and on such conditions (which may include concessions or free Rent) and for such uses as Landlord, in its sole discretion, may determine, and Landlord may collect and receive any Rents payable by reason of such re lettingreletting; and apply the same on account of Rent due and to become due hereunder. Landlord shall not be required to accept any tenant offered by Tenant or observe any instruction given by Tenant about such reletting, or do any act or exercise any care or diligence with respect to such reletting, unless required by Applicable Law. For the purpose of such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Premises or any part thereof to the extent deemed by Landlord desirable or convenient, and the reasonable cost of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Tenant as Rent hereunder, as well as any reasonable brokerage and legal fees expended by Landlord. Landlord reserves the right to terminate this Lease at any time after taking possession of the Premises as aforesaid. Neither termination nor repossession and reletting shall relieve Tenant of its obligations hereunder, all of which shall survive such termination, repossession or reletting. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Section 23 Article from time to time and that no suit or recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. If Landlord terminates Tenant’s possession of the Premises under this Section 23, Landlord shall have no obligation to post any notice and Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises; and/or

Recovery of Possession; Reletting. Whether or not this Lease Sublease has been terminated as herein provided, terminate Tenant’s right of possession and re-enter and repossess the Subleased Premises or any part thereof by summary proceedings, ejectment, forcible entry and detainer, forcible detainer ejectment or otherwiseother judicial process, and Landlord Sublandlord shall have the right to remove all persons and property therefrom and change the locks, without judicial processtherefrom. Landlord Sublandlord shall be under no liability for or by reason of any such entry, repossession or removal. No ; and no such re-entry or taking of possession of the Subleased Premises by Landlord Sublandlord shall be construed as an election on LandlordSublandlord’s part to terminate this Lease Sublease or to accept a surrender thereof unless a written notice of such intention is be given by Landlord to Tenant Subtenant or unless the termination of this Lease is Sublease be decreed by a court of competent jurisdiction jurisdiction. If (and only to the extent) required by Applicable Law, Landlord Sublandlord shall use commercially reasonable efforts to relet the Premises on market terms and may satisfy said obligation by complying with the provisions of Section 23.2(f) belowmitigate damages; provided, however, Landlord may at its option re let all or any part of the Premises for the account of Tenant for such term or terms (which may be greater or Jess than the period which would otherwise have constituted the balance of the Term) and on such conditions (which may include concessions or free Rent) and for such uses as Landlord, in its sole discretion, may determine, and Landlord may collect and receive any Rents payable by reason of such re letting; and apply the same on account of Rent due and to become due hereunder. Landlord that Sublandlord shall not be required to accept any tenant subtenant offered by Tenant Subtenant or observe any instruction given by Tenant Subtenant about such reletting, or do any act or exercise any care or diligence with respect to such reletting, unless required by Applicable Lawre-letting. For the purpose of such reletting, Landlord Sublandlord may decorate or make repairs, changes, alterations or additions in or to the Subleased Premises or any part thereof to the extent deemed by Landlord Sublandlord desirable or convenient, and the reasonable cost of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Tenant Subtenant as Rent hereunder, as well as any reasonable brokerage and legal fees expended by LandlordSublandlord. Landlord Sublandlord reserves the right to terminate this Lease Sublease at any time after taking possession of the Subleased Premises as aforesaid. Neither termination nor repossession and reletting shall relieve Tenant Subtenant of its obligations hereunder, all of which shall survive such termination, repossession or reletting. Tenant Subtenant agrees that Landlord Sublandlord may file suit to recover any sums falling due under the terms of this Section 23 Paragraph from time to time and that no suit or recovery of any portion due Landlord Sublandlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. If Landlord terminates Tenant’s possession of the Premises under this Section 23, Landlord shall have no obligation to post any notice and Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the PremisesSublandlord; and/or

Recovery of Possession; Reletting. Whether or not this Lease Sublease has been terminated as herein provided, terminate Tenant’s right of possession and re-enter and repossess the Subleased Premises or any part thereof by summary proceedings, ejectment, forcible entry and detainer, forcible detainer ejectment or otherwiseother judicial process, and Landlord Sublandlord shall have the right to remove all persons and property therefrom and change the locks, without judicial processtherefrom. Landlord Sublandlord shall be under no liability for or by reason of any such entry, repossession or removal. No ; and no such re-entry or taking of possession of the Subleased Premises by Landlord Sublandlord shall be construed as an election on LandlordSublandlord’s part to terminate this Lease Sublease or to accept a surrender thereof unless a written notice of such intention is he given by Landlord to Tenant Subtenant or unless the termination of this Lease is Sublease be decreed by a court of competent jurisdiction jurisdiction. If (and only to the extent) required by Applicable Law, Landlord Sublandlord shall use commercially reasonable efforts to relet the Premises on market terms and may satisfy said obligation by complying with the provisions of Section 23.2(f) belowmitigate damages; provided, however, Landlord may at its option re let all or any part of the Premises for the account of Tenant for such term or terms (which may be greater or Jess than the period which would otherwise have constituted the balance of the Term) and on such conditions (which may include concessions or free Rent) and for such uses as Landlord, in its sole discretion, may determine, and Landlord may collect and receive any Rents payable by reason of such re letting; and apply the same on account of Rent due and to become due hereunder. Landlord that Sublandlord shall not be required to accept any tenant subtenant offered by Tenant Subtenant or observe any instruction given by Tenant Subtenant about such reletting, or do any act or exercise any care or diligence with respect to such reletting, unless required by Applicable Law. For the purpose of such reletting, Landlord Sublandlord may decorate or make repairs, changes, alterations or additions in or to the Subleased Premises or any part thereof to the extent deemed by Landlord Sublandlord desirable or convenient, and the reasonable cost of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Tenant Subtenant as Rent hereunder, as well as any reasonable brokerage and legal fees expended by LandlordSublandlord. Landlord Sublandlord reserves the right to terminate this Lease Sublease at any time after taking possession of the Subleased Premises as aforesaid. Neither termination nor repossession and reletting shall relieve Tenant Subtenant of its obligations hereunder, all of which shall survive such termination, repossession or reletting. Tenant Subtenant agrees that Landlord Sublandlord may file suit to recover any sums falling due under the terms of this Section 23 Paragraph from time to time and that no suit or recovery of any portion due Landlord Sublandlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. If Landlord terminates Tenant’s possession of the Premises under this Section 23, Landlord shall have no obligation to post any notice and Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the PremisesSublandlord; and/or

Recovery of Possession; Reletting. Whether or not this Lease has been terminated as herein provided, terminate Tenant’s right of possession and re-enter and repossess the Premises or any part thereof by summary proceedings, ejectment, forcible entry and detainer, forcible detainer or otherwise, and Landlord shall have the right to remove all persons and property therefrom and change the locks, without judicial process. Landlord shall be under no liability for or by reason of any such entry, repossession or removal. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election on Landlord’s part to terminate this Lease or to accept a surrender thereof unless a written notice of such intention is given by Landlord to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction jurisdiction. If (and only to the extent) required by Applicable Law, Landlord shall use reasonable efforts to relet the Premises on market terms and may satisfy said obligation by complying with the provisions of Section 23.2(f(f) below; however, Landlord may at its option re let relet all or any part of the Premises for the account of Tenant for such term or terms (which may be greater or Jess less than the period which would otherwise have constituted the balance of the Term) and on such conditions (which may include concessions or free Rent) and for such uses as Landlord, in its sole discretion, may determine, and Landlord may collect and receive any Rents payable by reason of such re lettingreletting; and apply the same on account of Rent due and to become due hereunder. Landlord shall not be required to accept any tenant offered by Tenant or observe any instruction given by Tenant about such reletting, or do any act or exercise any care or diligence with respect to such reletting, unless required by Applicable Law. For Solely for the purpose of such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Premises or any part thereof to the extent deemed by Landlord desirable or convenient, and the reasonable cost of such decoration, repairs, changes, alterations or additions shall be charged to and be payable by Tenant as Rent hereunder, as well as any reasonable brokerage and legal fees expended by Landlord. Landlord reserves the right to terminate this Lease at any time after taking possession of the Premises as aforesaid. Neither termination nor repossession and reletting shall relieve Tenant of its obligations hereunder, all of which shall survive such termination, repossession or reletting. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Section 23 from time to time and that no suit or recovery of any portion due Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. If Landlord terminates Tenant’s possession of the Premises under this Section 23, Landlord shall have no obligation to post any notice and Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises; and/or