Reletting of Premises. At the option of Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys' fees, advertising fees and brokerage fees, and to the payment of any repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of 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 be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt to mitigate its damages to the extent required by law. In no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.
Appears in 2 contracts
Samples: Office Lease Agreement (Edgar Online Inc), Office Lease Agreement (Edgar Online Inc)
Reletting of Premises. At the option of Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 22.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys' ’ fees, advertising fees and brokerage fees, and to the payment 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 or any part or parts thereof shall not release or affect Tenant’s liability hereunder, nor shall Landlord be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt to mitigate its damages to the extent required by law. In law (including the use of good faith efforts to relet the Premises), and in no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.
Appears in 2 contracts
Samples: Office Lease Agreement (Atossa Genetics Inc), Assignment and Assumption of Lease (Atossa Genetics Inc)
Reletting of Premises. At the option of Landlord, any rents received by Landlord from any reletting as described in Section 21.2.1 shall be applied first to the payment of any indebtedness from Tenant to Landlord other than Rent; second, to the payment of any costs and expenses of such reletting and including, but not limited to, attorneys' ’ fees, advertising fees and brokerage fees, and to the payment 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 or any part or parts thereof shall not release or affect Tenant’s liability hereunder, nor shall Landlord be liable for failure to relet, or in the event of reletting, for failure to collect the rent thereof, but Landlord shall attempt use good faith efforts to mitigate its damages to the extent required by law. In , and in no event shall Tenant be entitled to receive any excess of net rents collected over sums payable by Tenant to Landlord hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)
Reletting of Premises. At Should this Lease be terminated before the option expiration of Landlordthe Term of this Lease by reason of an Event of Default as hereinabove provided, any rents received by Landlord from any reletting as described in Section 21.2.1 or if Tenant shall be applied first to abandon or vacate the payment Premises before the expiration or termination of any indebtedness from Tenant to Landlord other than Rent; second, to the payment Term of any costs and expenses this Lease without having paid the full rental for the remainder of such reletting and includingTerm, Landlord shall have the option, but not limited tothe 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, advertising brokerage fees and brokerage feesexpenses 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 to the payment making of any such alterations, repairs, renovations, remodeling, redecoration, alterations and changes in the Premises; third, to the payment of 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 replacements shall not prejudice operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way the right of Landlord to collect the deficiency for any subsequent month. The failure or refusal of Landlord to be liable whatsoever for failure to reletrelet the Premises, or in the event of relettingthat the Premises are relet, for failure to collect the rent thereofunder such reletting, but Landlord shall attempt to mitigate its damages to the extent required by law. In and in no event shall Tenant be entitled to receive any excess the excess, if any, of such net rents 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: Commercial Lease (IntraLinks Holdings, Inc.), Commercial Lease (IntraLinks Holdings, Inc.)