Common use of Remedies and Default Clause in Contracts

Remedies and Default. If Sub-Tenant does any of the following: a. defaults in paying any sums to Sub-Landlord when due, including rent and additional rent, and does not cure the default within 10 days; b. defaults in performing any other covenant or condition of the Sublease and does not cure the other default within 30 days after written notice from Sub-Landlord specifying the default; or c. is adjudicated to be bankrupt or makes any assignment for the benefit of creditors; Then Sub-Landlord may: a. accelerate the full balance of the rent payable for the remainder of the term and sxx for the sums due; b. terminate this Sublease; or c. without terminating this Sublease, reenter the Premises and dispossess Sub-Tenant or any other occupant of the Premises, remove Sub-Tenant’s effects, and relet the Premises for the account of Sub-Tenant for rent and upon terms that are satisfactory to Sub-Landlord, crediting the proceeds, after deducting the costs and expense of reentry, alterations, additions, and reletting, to the unpaid rent and the other amounts due under this Sublease during the remainder of the term, and Sub-Tenant shall remain liable to Sub-Landlord for the balance owed. If suit is brought to recover possession of the Premises, to recover any rent or any other amount due under the provisions of this Sublease, or because of the breach of any other covenant to be performed by Sub-Tenant, and a breach is established, then Sub-Tenant shall pay to Sub-Landlord all expenses incurred in the action, including reasonable attorney fees, which shall be deemed to have been incurred on the commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

Appears in 4 contracts

Samples: Office Sublease (Ecology Coatings, Inc.), Office Sublease (Ecology Coatings, Inc.), Office Sublease (Ecology Coatings, Inc.)

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Remedies and Default. If Sub-Tenant does any of the following: a. (a) defaults in paying any sums to Sub-Landlord when due, including rent and additional rent, due and does not cure the default within 10 days; b. 5 days without notice from Landlord, and/or (b) defaults in performing any other covenant or condition of the Sublease Lease and does not cure the other default within 30 days after written notice from Sub-Landlord specifying the default; or c. , and/or (c) is adjudicated to be bankrupt or makes any assignment for the benefit of creditors; Then Sub-, Landlord may: a. may accelerate the full balance of the rent Rent payable for the remainder of the term Term and sxx xxx for the sums due; b. sums, may terminate this Sublease; or c. Lease, or may, without terminating this SubleaseLease, reenter the Premises and Premises, dispossess Sub-Tenant or any other occupant of the Premises, remove Sub-and dispose of Tenant’s effects, and relet the Premises for the account of Sub-Tenant for rent and upon Rent on the terms that are satisfactory to Sub-Landlord, crediting the proceeds, after deducting the costs and expense of reentry, alterations, additions, and reletting, to the unpaid rent Rent and the other amounts due under this Sublease during the remainder of the term, and Sub-Term. Tenant shall remain liable to Sub-Landlord for the balance owedany unpaid balance. If suit is brought to recover possession of the Premises, to recover any rent or any other amount due under the provisions of this Sublease, or because of the breach of any other covenant to be performed by Sub-Tenant, and a breach is established, then Sub-Tenant shall pay to Sub-Landlord all of Landlord’s out-of-pocket costs and attorney fees and other legal expenses incurred by Landlord in the action, including reasonable attorney fees, which shall be deemed to have been incurred on the commencement exercising its rights under this Lease. The pursuit of one or more of the action and above remedies shall be enforceable whether or not the action is prosecuted to judgmentconstitute an election of remedies by Landlord.

Appears in 1 contract

Samples: Commercial Lease Agreement

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