Common use of Reletting of Premises Clause in Contracts

Reletting of Premises. Should this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 2 contracts

Samples: Letter Agreement (IntraLinks Holdings, Inc.), Term Commencement Date Agreement (IntraLinks Holdings, Inc.)

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Reletting of Premises. Should this Lease At the option of Landlord, any rents received by Landlord from any reletting as described in Section 22.2.1 shall be terminated before applied first to the expiration payment of any indebtedness from Tenant to Landlord other than Rent; second, to the Term payment of this Lease by reason of an Event of Default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder any costs and expenses of such Term, Landlord shall have the optionreletting and including, but not limited to, attorneys’ fees, advertising fees and brokerage fees, and to the obligationpayment of any repairs, renovations, remodeling, redecoration, alterations 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 months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and or any of the costs, expenses part or damages indicated below) parts thereof shall not be realized by Landlordrelease or affect Tenant’s liability hereunder, Tenant nor shall Landlord be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premisesrelet, or in the event that the Premises are reletof reletting, for failure to collect the rent under such relettingthereof, but Landlord shall attempt to mitigate its damages to the extent required by law (including the use of good faith efforts to relet the Premises), and in no event shall Tenant be entitled to receive the excess, if any, any excess of such net rent rents collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 2 contracts

Samples: Office Lease Agreement (Atossa Genetics Inc), Office Lease Agreement (Atossa Genetics Inc)

Reletting of Premises. Should Enter upon and take possession of the Premises as agent of Tenant without terminating this Lease be terminated before and without being liable to prosecution or any claim for damages. Landlord may relet the expiration Premises and in that connection may make any suitable alterations or refurbish the Premises, or both, or change the character or use of the Term Premises. Landlord shall not be required to relet for any use or purpose other than that specified in this Lease or which Landlord may reasonably consider injurious to the Premises, or to any tenant, which Landlord may consider objectionable. Landlord may relet all or any portion of the Premises alone or in conjunction with other portions of the Building for a term longer or shorter than the term of this Lease by reason at a rental rate greater or less than the then current rental rate provided in this Lease and upon such other terms (Including the granting of an Event concessions) as Landlord solely determines to be acceptable. If Landlord elects to reenter and relet all or any portion of Default the Premises, Landlord be entitled to recover as hereinabove provideddamages immediately, without waiting until the due date of any future rent, or if Tenant shall abandon or vacate until the date fixed for expiration of this Lease, the total of all rent owed and unpaid as of the date of the default. The Landlord can also recover the costs of reentry and reletting including without limitation the cost of any cleanup, refurbishing, removal of Tenant's property and fixtures, expenses from Tenant's failure to quit the Premises before and to leave them in the required condition, any remodeling costs, attorneys' fees, court costs, brokers' commissions, advertising costs, and the difference between the rent and all of Tenant's other obligations under this Lease and the actual rent received by Landlord from the Premises for the period commencing with the date of the default and continuing through the date designated as the expiration date of this Lease. No such reentry or termination taking possession of the Term of Premises shall be construed as an election on Landlord's part to terminate this Lease without having paid the full rental for the remainder unless a written notice of such Termintention is given to Tenant. Landlord, however, shall have no duty to relet the Premises and Landlord's failure to do so shall not release Tenant's liability for rent or damages. If Landlord elects to enter and relet the Premises, the Landlord may at any time thereafter elect to terminate this Lease for Tenant's default. If Landlord takes possession of Premises, Landlord shall have the option, but not the obligation, right to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements available space in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of Building before reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure attempting to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 2 contracts

Samples: Chinese Cultural Center Lease Agreement (Quiet Tiger Inc), Chinese Cultural Center Lease Agreement (Quiet Tiger Inc)

Reletting of Premises. Should this Lease At the option of Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be terminated before applied first to the expiration payment of any indebtedness from Tenant to Landlord other than Rent; second, to the Term payment of this Lease by reason of an Event of Default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder any costs and expenses of such Term, Landlord shall have the optionreletting and including, but not limited to, attorneys’ fees, advertising fees and brokerage fees, and to the obligationpayment of any repairs, renovations, remodeling, redecoration, alterations 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 months shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and or any of the costs, expenses part or damages indicated below) parts thereof shall not be realized by Landlordrelease or affect Tenant’s liability hereunder, Tenant nor shall Landlord be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premisesrelet, or in the event that the Premises are reletof reletting, for failure to collect the rent under such relettingthereof, but Landlord shall use good faith efforts to mitigate its damages to the extent required by law, and in no event shall Tenant be entitled to receive the excess, if any, any excess of such net rent rents collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 2 contracts

Samples: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, use commercially reasonable efforts to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances otherwise mitigate its losses and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable good order and condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental re-rental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Lease (CMG Information Services Inc)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term Upon termination of this Lease pursuant to ¶16(b)(i), the premises may be relet by reason of an Event of Default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent rental reserved under this Lease (and any of the costs, expenses expense, or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees fees, and expenses of placing the Premises premise, in first-first class rentable condition including without limitation any alterations and improvementscondition. Landlord, Landlord in putting the Premises premises in good order or preparing the same for rerental remittal may, at Landlord's ’s option, make such alterations, repairs repairs, or replacements in the Premises premises as Landlord, in its Landlord’s sole judgment, considers advisable and necessary for the purpose of reletting relenting the Premisespremises, and the making of such alterationsAlterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premisespremises, or in the event that the Premises premises are relet, for failure to collect the rent thereof under such reletting, and in no event shall Tenant be entitled to receive the any excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Agreement of Lease (SunGard Availability Inc.)

Reletting of Premises. Should this Lease be terminated before If the expiration Landlord relets the whole or any part of the Term of this Lease by reason of an Event of Default as hereinabove providedPremises from time to time, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full such reletting may be at such rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent rates and upon such terms conditions (which may include free rent periods, remodeling and fixturing allowances, and other concessions) as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, Landlord in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaiddiscretion may determine. Landlord shall in no way event be liable in any way whatsoever for refusal or failure to relet the whole or any part of the Premises, or in the event that of any reletting the Premises are relet, for failure to collect the rent under such any Rent due upon reletting, and in no event such failures or refusals shall operate to relieve Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord from any liability hereunder. Amounts received by Landlord after reletting and for the remainder of what would have been the Lease Term had Tenant fully complied with the terms of this Lease (and no other special event allowing termination had occurred) shall use reasonable efforts first be applied against Landlord's expenses (as set forth in Section 23.2.3.1), until the same are recovered, and until such recovery Tenant shall pay, as of each day a payment would fall due under this Lease, the amount which the Tenant is obligated to mitigate its damages based upon Xxxxxxpay under the terms of this Lease (Tenant's defaultliability prior to any such reletting and any such recovery not in any way to be diminished as a result of the fact that such reletting might be for a Rent higher than the Rent provided for in this Lease); when and if such expenses have been completely recovered, the amounts received for reletting by the Landlord as have not previously been applied shall be credited against the Tenant's obligations as of each day when a payment would fall due under this Lease, with any balance to be kept by Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Starent Networks, Corp.)

Reletting of Premises. Should Enter upon and take possession of the Premises as agent of Tenant without terminating Lease and without being liable to prosecution or any claim for damages. Landlord may relet the Premises and in that connection may make any suitable alterations or refurbish the Premises, or both, or change the character or use of the Premises, but Landlord shall not be required to relet for any use or purpose other than that specified in this Lease or which Landlord may reasonably consider injurious to the Premises, or to any tenant which Landlord may consider objectionable. Landlord may relet all or any portion of the Premises, alone or in conjunction with other portions of the Building, for a term longer or shorter than the term of this Lease, at a rental rate greater or less than the then current rental rate provided in this Lease, and upon such other terms (including the granting of concessions) as Landlord solely determines to be terminated before acceptable. If Landlord elects to reenter and relet all or any portion of the Premises, Landlord shall be entitled to recover, as damages, immediately, without waiting until the due date of any future rent, or until the date fixed for expiration of this Lease, the total of all rent owing and unpaid at of the date of the default; the costs of reentry and reletting including without limitation the cost of any cleanup, refurbishing, removal of Tenant’s property and fixtures; and other expense occasioned by Tenant’s failure to quit the premises and to leave them in the required condition; any remodeling costs; attorneys’ fees; court costs; brokers’ commissions; advertising costs and the difference between the rent and all of Tenant’s other obligations under this Lease and the actual rent received by Landlord from the Premises for the period commencing with the date of the default and continuing through the date designated as the expiration date of this Lease. No such reentry or taking possession of the Term of Premises shall be construed as an election on Landlord’s part to terminate this Lease by reason unless a written notice of an Event of Default as hereinabove providedsuch intention be given to Tenant. Landlord, or if Tenant however, shall abandon or vacate have no duty to relet the Premises before and Landlord’s failure to do so shall not release Tenant’s liability for rent or damages. If Landlord elects to enter and relet the expiration or termination of Premises the Term of Landlord may at any time thereafter elect to terminate this Lease without having paid the full rental for the remainder Tenant’s default, if Landlord takes possession of such TermPremises, Landlord shall have the option, but not the obligation, right to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements other available space in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of Building before reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure attempting to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Lease Agreement (Presto Food & Beverage Inc)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term of this Lease by reason of Landlord agrees, however, that in any instance in which Landlord has a duty to mitigate damages, Landlord shall attempt to mitigate damages resulting from an Event of Default as hereinabove provided, or and Landlord will conclusively be deemed to have done so if Tenant shall abandon or vacate Landlord lists the Premises before the expiration with a real estate broker or termination agent (which may be affiliated with Landlord), places a sign in a window of the Term of this Lease without having paid the full rental for the remainder of such TermPremises (which, Tenant agrees, Landlord shall have the optionis authorized to do), but not the obligation, to relet the Premises and considers in good faith all written proposals for such rent and upon space made by such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses broker or damages indicated below) agent. Landlord’s duty to act in good faith shall not be realized by Landlorddeemed to require Landlord to agree to any lease terms which it deems to be unacceptable; moreover, Tenant shall in no event will Landlord be liable obligated: (i) to solicit or entertain negotiations with any other prospective tenant(s) for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in firstuntil Landlord has obtained full and complete possession of the Premises, free of any claim by Tenant that it continues to have a right of occupancy with respect to the Premises, (ii) to expend monies for finish-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as out requested by a prospective tenant unless Landlord, in its sole judgmentbut reasonable discretion, considers advisable believes that the excess rent Landlord will receive and necessary for the purpose credit of the prospective tenant support such a decision, (iii) to cause or allow an existing tenant of the Building to move from its existing space to all or any of the Premises, or (iv) to give preference to the Premises over other spaces in the Building, with regard to prospective tenants inquiring as to available space in the Building. In attempting to relet or actually reletting the Premises, Landlord may enter into a direct lease with the proposed replacement tenant and the making of such alterations, repairs, or replacements shall will not operate or be construed deemed to release Tenant from liability hereunder be acting as aforesaidTenant’s agent. Landlord shall in no event be liable in any way whatsoever for failure to relet agrees that the rentals and other collections which Landlord may actually receive from a substitute tenant of the Premises, or to the extent that any such rentals and/or other collections are attributable to any particular time period within the Term (and after reduction for all expenses incurred by Landlord in connection with such substitute tenant), will be credited against Tenant’s obligations for the event same time period; however, Tenant understands and agrees that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant it will not be entitled to receive the excessany additional credit (for example, if anyLandlord receives amounts during a particular time period in excess of Tenant’s obligations for the same time period, of Landlord will not be required to credit such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's defaultexcess against Tenant’s obligations for any other time period).

Appears in 1 contract

Samples: Commercial Lease Agreement (Potomac Holding LLC)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term Upon termination of this Lease by reason of an Event of Default as hereinabove providedlease pursuant --------------------- to Section 12.1(b)(i), or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the optionLessor may, but is not the obligation, obligated to relet the Premises premises (though Lessor shall be obligated to use reasonable efforts to mitigate its damages provided lessor shall be deemed to have acted reasonably by listing the premises with a reputable commercial real estate brokerage firm) for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent rental reserved under this Lease the lease (and any of the costs, expenses or damages indicated below) shall not be realized by LandlordLessor, Tenant Lessee shall be liable for all damages sustained by LandlordLessor, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees fees, and expenses of placing the Premises premises in first-class rentable condition including without limitation good order and repair (excluding the cost of any alterations and improvementsrequired by the new tenant). LandlordLessor, in putting the Premises premises in good order or preparing the same for rerental may, at LandlordLessor's option, make such alterations, repairs repairs, or replacements in the Premises premises as LandlordLessor, in its Lessor's sole judgmentjudgment and acting reasonably, considers advisable and necessary for the purpose of reletting the Premisespremises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant Lessee from liability hereunder as aforesaid. Landlord Lessor shall in no event be liable in any way whatsoever for failure to relet the Premisespremises (provided Lessor uses reasonable efforts to do so), or in the event that the Premises premises are relet, for failure to collect the rent thereof under such reletting, and in no event shall Tenant Lessee be entitled to receive the excessany excees, if any, of or such net rent collected over the sums payable by Tenant Lessee to Landlord Lessor hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Agreement of Lease (Broadview Networks Holdings Inc)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term term of this Lease Lease, including any renewals thereof, by reason of an Event Default of Default as hereinabove providedTenant, or if Tenant shall abandon or vacate the Premises before the expiration may be relet by Landlord or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable reasonable under the circumstances and, if circumstances. If the full Annual Rent and Additional Rent reserved amount of rent payable by Tenant under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by LandlordLandlord as a result of Default of Tenant, including, without limitation, deficiency in rentadditional administrative costs, reasonable attorneys' attorneys fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation condition, shall not be realized by landlord through such reletting, Tenant shall be liable for any alterations and improvementsdeficiency in such amount. In preparing the Premises for such reletting, Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's its sole option, may make such alterations, alternations and repairs or replacements in and to the Premises as Landlord, in its sole judgment, Landlord considers advisable and necessary for the purpose of reletting the Premisessame, and the making of such alterations, repairs, or replacements alterations and/or repairs shall not operate or be construed to release Tenant from liability hereunder as aforesaidhereunder. Landlord shall in no event not be liable in any way whatsoever to Tenant for failure to relet the PremisesPremises or, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event . Tenant shall Tenant not be entitled to receive the excess, if any, of such net any excess o rent collected by Landlord under such reletting over the sums full amount of rent payable by Tenant to under this Lease and costs, expenses or damages sustained by Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's defaultas a result of Default of Tenant.

Appears in 1 contract

Samples: Exigent International Inc

Reletting of Premises. Should this Lease be terminated before the expiration of the Term term of this Lease by reason of an Event of Default Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the Premises premises before the expiration or termination of the Term term of this Lease without having paid the full rental rent for the remainder of such Termterm, the premises may be relet by Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' attorney’s fees, brokerage fees fees, and expenses of placing the Premises premises in first-first class rentable condition including without limitation any alterations and improvementscondition. Landlord, in putting the Premises premises in good order or preparing the same for rerental may, at Landlord's ’s option, make such alterations, repairs repairs, or replacements in the Premises premises as Landlord, in its Landlord’s sole judgment, considers advisable and necessary for the purpose of reletting the Premisespremises, and the making of such alterationsAlterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premisesdemised premises, or in the event that the Premises demised premises are relet, for failure to collect the rent thereof under such reletting, and in no event shall Tenant be entitled to receive the any excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Agreement of Lease (SunGard Availability Inc.)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, use commercially reasonable efforts to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the PremisesPremises except as set forth herein, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Lease (Dynasil Corp of America)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term term of this Lease by reason of an Event of Default Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the Premises without having given Landlord ten (10) days prior written notice of such vacation, before the expiration or termination of the Term term of this Lease without having paid the full rental for the remainder of such Term, (which notice Landlord shall have the optionkeep confidential from Tenant’s employees), but not the obligation, to relet the Premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees fees, and expenses of placing the Premises in first-first class rentable condition including without limitation any alterations and improvementscondition. Landlord, in putting the Premises in good order or preparing the same for rerental re-rental may, at Landlord's ’s option, make such alterationsAlterations, repairs repairs, or replacements in the Premises as Landlord, in its sole Landlord’s reasonable judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterationsAlterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. : Landlord shall mitigate this damage by making commercially reasonable efforts to relet the Premises on reasonable terms, provided Landlord shall in no event be liable in any way whatsoever for failure to relet the PremisesPremises after making commercially reasonable efforts to do so, or in the event that the Premises are relet, for failure to collect the rent thereof under such reletting, and in no event shall Tenant be entitled to receive the any excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Lease Agreement (Opinion Research Corp)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term term of this Lease by reason of an Event of Default Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises premises before the expiration or termination of the Term term of this Lease without having paid the full rental for the remainder of such Termterm, Landlord shall have the option, but not the obligation, use best efforts to relet the Premises premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, including without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises premises in first-first class rentable condition including without limitation any alterations and improvementscondition. Landlord, in putting the Premises premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs repairs, or replacements in the Premises premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premisespremises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premisespremises, or in the event that the Premises premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Agreement (Mason George Bankshares Inc)

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Reletting of Premises. Should this Lease be terminated before the expiration of the Term Tenn of this Lease by reason of an Event of Default Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances circumstances, and, if the full Annual Rent and Additional Rent reserved under this Lease Lease, BUT IN NO EVENT MORE THAN THE ACCELERATED REMAINING RENT AND COST TO RELET (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Lease Agreement (Puma Technology Inc)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term term of this Lease by reason of an Event of Default Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises premises before the expiration or termination of the Term term of this Lease without having paid the full rental for the remainder of such Termterm, Landlord shall have the option, but not the obligation, option to relet the Premises premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises premises in first-first class rentable condition including without limitation any alterations and improvementscondition. Landlord, in putting the Premises premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs repairs, or replacements in the Premises premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premisespremises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premisespremises, or in the event that the Premises premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Agreement (Mason George Bankshares Inc)

Reletting of Premises. Should this Lease be terminated before If the expiration Landlord relets the whole or any part of the Term of this Lease by reason of an Event of Default as hereinabove providedPremises from time to time, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full such reletting may be at such rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent rates and upon such terms conditions (which may include free rent periods, remodeling and fixturing allowances, and other concessions) as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, Landlord in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaiddiscretion may determine. Landlord shall in no event be liable in for refusal or failure to relet the whole or any way whatsoever for failure part of the Premises so long as Landlord uses commercially reasonably efforts to relet the Premises, or in the event that of any reletting the Premises are relet, for failure to collect the rent under such any Rent due upon reletting, and in no event such failures or refusals shall operate to relieve Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord from any liability hereunder. Amounts received by Landlord after reletting and for the remainder of what would have been the Lease Term had Tenant fully complied with the terms of this Lease (and no other special event allowing termination had occurred) shall use reasonable efforts first be applied against Landlord's expenses (as set forth in Section 23.2.3.1), until the same are recovered, and until such recovery Tenant shall pay, as of each day a payment would fall due under this Lease, the amount which the Tenant is obligated to mitigate its damages based upon Xxxxxxpay under the terms of this Lease (Tenant's defaultliability prior to any such reletting and any such recovery not in any way to be diminished as a result of the fact that such reletting might be for a Rent higher than the Rent provided for in this Lease); when and if such expenses have been completely recovered, the amounts received for reletting by the Landlord as have not previously been applied shall be credited against the Tenant's obligations as of each day when a payment would fall due under this Lease, with any balance to be kept by Landlord.

Appears in 1 contract

Samples: Agreement (Starent Networks, Corp.)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term term of this Lease by reason of an Event of Default Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises premises before the expiration or termination of the Term term of this Lease without having paid the full rental rent for the remainder of such Termterm, Landlord shall have the option, but not the obligation, will make best efforts to relet the Premises premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees fees, and expenses of placing the Premises premises in first-first class rentable condition including without limitation any alterations and improvementscondition. Landlord, in putting the Premises premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs repairs, or replacements in the Premises premises as Landlord, in its Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the Premisespremises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way anyway whatsoever for failure to relet the Premisesdemised premises, or in the event that the Premises demised premises are relet, for failure to collect the rent thereof under such reletting, and in on no event shall Tenant be entitled to receive the any excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Lease Agreement (Capsule Communications Inc De)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's ’s option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Icad Inc

Reletting of Premises. Should this Lease be terminated before the expiration of the Term Upon termination of this Lease by reason of an Event of Default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Termpursuant to Paragraph 16(b)(i), Landlord shall have the option, but not the obligation, option to relet the Premises premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises premises in first-first class rentable condition including without limitation any alterations and improvementscondition. Landlord, in putting the Premises premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs repairs, or replacements in the Premises premises as Landlord, in its sole judgmentsole, but reasonable, judgement, considers advisable and necessary for the purpose of reletting the Premisespremises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premisespremises, or in the event that the Premises premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Agreement (Mason George Bankshares Inc)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Lease Agreement (Ibis Technology Corp)

Reletting of Premises. Should Provided Landlord does not accelerate Rent under Section 25.2., Landlord may, at any time after the occurrence of any Event of Default, peaceably re-enter and repossess the Premises and any part thereof and attempt in its own name, as agent for Tenant if this Lease not be terminated, or on its own behalf if this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligationterminated, to relet all or any part of the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (to such persons and any of the costs, expenses for such period or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental may, at Landlord's option, make such alterations, repairs or replacements in the Premises periods as Landlord, in its sole judgmentdiscretion, considers advisable shall determine, including a term beyond the termination of this Lease; and necessary for Landlord shall not be required to accept any tenant offered by Tenant or observe any instruction given by Tenant about such reletting. For the purpose of reletting such reletting, Landlord may decorate or make repairs, changes, alterations or additions in or to the Premises, Premises to the extent reasonably deemed necessary by Landlord; and the making cost of such alterationsdecoration, repairs, changes, alterations or replacements additions shall not operate or be construed charged to release Tenant from liability hereunder as aforesaid. Landlord shall in no event and be liable in any way whatsoever for failure to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant as Additional Rent hereunder, as well as any reasonable brokerage and attorneys fees incurred by Landlord; and any sums collected by Landlord from any new tenant obtained shall be credited against the balance of the Rent due hereunder. Tenant shall pay to Landlord hereunder. monthly, on the days when the Rent would have been payable under this Lease, the amount due hereunder less the amount obtained by Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's defaultfrom such new tenant.

Appears in 1 contract

Samples: Amended and Restated Lease (Adolor Corp)

Reletting of Premises. Should this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the Term of this Lease without having paid the full rental for the remainder of such Term, Landlord shall have the option, but not the obligation, to relet the Premises for such rent and upon such terms as are not unreasonable under the circumstances and, if the full Annual Rent and Additional Rent reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' attorney's fees, brokerage fees and expenses of placing the Premises in first-class rentable condition including without limitation any alterations and improvements. Landlord, in putting the Premises in good order or preparing the same for rerental maycondition as existed on the Commencement Date, at Landlord's option, make such alterations, repairs or replacements in the Premises as Landlord, in its sole judgment, considers advisable normal ware and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, or replacements shall not operate or be construed to release Tenant from liability hereunder as aforesaidtear excepted. Landlord shall in no event be liable in any way whatsoever for failure to relet the Premises, or in the event that the Premises are relet, for failure to collect the rent under such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. Landlord shall use reasonable efforts to mitigate its damages based upon Xxxxxx's default.

Appears in 1 contract

Samples: Sync Research Inc

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