Common use of Remedies and Defenses Clause in Contracts

Remedies and Defenses. Tenant may have remedies available at law or in equity. Any remedy available to the Landlord that may be set forth hereunder, is intended and shall be in addition to any other rights or remedies to which Landlord may be availed at law or in equity. If Tenant remains on the Premises after expiration or termination of the Lease without Landlord’s written permission. Landlord may recover possession of the Premises in the manner provided for by the law. Landlord also may recover double rent for the period during which Tenant refuses to vacate the Premises. If Tenant defaults under the lease by failing to pay Monthly Rent, the Landlord may terminate Tenant’s rights under the Lease and Tenant shall vacate the premises immediately. If Tenants defaults under the Lease for any other reason, as set forth in section 11, Landlord may terminate Tenant’s rights under the Lease and Tenant shall vacate the Premises within seven (7) days of delivery of the notice of termination. If Tenant fails to cure a default within the time specified in the notice the notice to Tenant, Landlord may recover possession of the Premises as provided by law. If Tenant has defaulted under the Lease and Landlord has obtained a writ of possession, if Tenant has surrendered possession of the Premises to Landlord, or if Tenant has abandoned the Premises, Landlord may: Treat the Lease as terminated, and retake possession for Landlord’s own account; Sublease the Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Premises, and third, to the Tenant’s rental obligations hereunder, with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term; or Do nothing, and Tenant will be liable for the rent as it comes due; or Accelerate the entire unpaid balance of the rent for the term then remaining. If Landlord retakes possession of the Premises for the Tenants account, Landlord must make a good faith effort to re-lease the Premises. Any rent received by Landlord as a result of the new Tenant shall be deducted from the rent due from Tenant. For purposes of this section, “good faith” in trying to re-lease the Premises means that Landlord shall use at least the same efforts to re-lease the Premises as Landlord uses in attempting to lease other similar property. It does not require Landlord to give a preference in leasing the Premises over other vacant properties that Landlord owns or has the responsibility to lease. Any advertising costs incurred by Landlord in an effort to re-lease the Premises will be billed to the Tenant’s and considered Monthly Rent. Any and all Attorney’s fees and court costs incurred by the Landlord through enforcement of this Lease will be assessed to the prevailing party in any lawsuit.

Remedies and Defenses. Tenant may have remedies available at law or in equity. Any remedy available to the Landlord that may be set forth hereunder, is intended and shall be in addition to any other rights or remedies to which Landlord may be availed at law or in equity. . A. If Tenant remains on the Premises after expiration or termination of the Lease without Landlord’s written permission. Landlord may recover possession of the Premises in the manner provided for by the law. Landlord also may recover double rent for the period during which Tenant refuses to vacate the Premises. . B. If Tenant defaults under the lease by failing to pay Monthly Rent, as set forth in section 11, the Landlord may terminate Tenant’s rights under the Lease and Tenant shall vacate the premises immediately. If Tenants defaults under the Lease for any other reason, as set forth in section 11, Landlord may terminate Tenant’s rights under the Lease and Tenant shall vacate the Premises within seven (7) days of delivery of the notice of termination. . C. If Tenant fails to cure a default within the time specified in the notice the notice to Tenant, Landlord may recover possession of the Premises as provided by law. . D. If Tenant has defaulted under the Lease and or Landlord has obtained a writ of possession, if Tenant has surrendered possession of the Premises to Landlord, or if Tenant has abandoned the Premises, Landlord may: may at Landlords sole discretion: i. Treat the Lease as terminated, and retake possession for Landlord’s own account; ; ii. Re-rent or Sublease the Premises for the account of the Tenant, in which event the any proceeds from subletting shall be applied first to the cost of subletting incurred (including advertising and commissions), second, to the cost of repairing any damage to the Premises, and third, to the Tenant’s rental obligations hereunder, with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term; or or iii. Do nothing, and Tenant will be liable for the rent as it comes due; or or iv. Accelerate the entire unpaid balance of the rent for the term then remaining. . E. If Landlord retakes possession of the Premises for the Tenants account, Landlord must make a good faith effort to re-lease the Premises. Any rent received by Landlord as a result of the new Tenant shall be deducted from the rent due from Tenant. For purposes of this section, “good faith” in trying to re-lease the Premises means that Landlord shall use at least the same efforts to re-lease the Premises as Landlord uses in attempting to lease other similar property. It does not require Landlord to give a preference in leasing the Premises over other vacant properties that Landlord owns or has the responsibility to lease. Any advertising costs incurred by Landlord in an effort to re-lease the Premises will be billed to the Tenant’s and considered Monthly Rent. Any and all Attorney’s fees and court costs incurred by the Landlord through enforcement of this Lease will be assessed to the prevailing party in any lawsuit. In the event of a default under this Lease, each maker authorizes the garnishment or attachment of his/her wages to the fullest extent permitted by law, including without limitation, Florida Statute 222.11(2) (B) (1993) as amended from time to time.