Common use of Remedies for Default Clause in Contracts

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages or loss of rentals from Lessee. (b) Lessor may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because of the default. Lessor may xxx periodically to recover damages as they occur throughout the lease term and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip for the remainder of the term, discounted to the time of judgment at the prevailing interest on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by Lessor shall not waive Lessee's default.

Appears in 3 contracts

Samples: Marina Boat Slip Lease, Marina Boat Slip Lease, Marina Boat Slip Lease

AutoNDA by SimpleDocs

Remedies for Default. In case of For any default as described in Section 6 of this leaseParagraph 16.1, Lessor Landlord shall have the right to the following remedies which are intended to be cumulative and in In addition to any other remedies provided under applicable law: (a) Lessor may at its option terminate the lease by notice 16.2.1. Terminate Xxxxxx’s right to Lessee. With or without termination, Lessor may retake possession of the Slip Premises and Xxxxxx’s rights under this Lease by towing written notice to Tenant without relieving Tenant from its obllgatlon to pay damages. 16.2.2. Re-enter and take possession of the Premises and remove any persons or removing any boatsproperty by legal action or by self-help with the use of reasonable force and without liability for damages and without having accepted a surrender. Tenant’s liability to Landlord for damages shall survive the tenancy. Landlord may, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following after such retaking of possession, efforts by the Lessor to relet the Slip Premises upon any reasonable terms. No such reletting shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages or loss construed as an acceptance of rentals from Lesseea surrender of Xxxxxx’s leasehold interest. (b) Lessor may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because of the default16.2.3. Lessor may xxx periodically to recover damages as they occur throughout the lease term and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable Except to the remaining term extent otherwise provided by applicable law, in the event of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value termination or retaking of the Slip for the remainder of the termpossession following default, discounted to the time of judgment at the prevailing interest on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor Landlord shall be entitled to recover from Lessee upon demand all immediately, without waiting until the due date of any future rent or until the date f1Xed for expiration of the Lease Term, the following amounts so expended, plus interest as damages: (i) The loss of rental from the date of default until a new tenant is secured and paying rent. (ii) The reasonable costs of reentry and reletting Including without limitation the expenditure at cost of any cleanup, refurbishing, removal and disposal of Tenant’s property and fixtures, or any other expense occasioned by Xxxxxx’s default Including but not limited to remodeling or repair costs, attorney fees, court costs, broker commissions, and marketing costs. (iiQ Any excess of the value of the rent and all of Tenant’s other obligations under this Lease over the reasonable expected return from the Premises for the period commencing on the earller of the date of trial or the date the Premises are relet, and continuing through the end of the Lease Term. The present value of future amounts shall be computed using a discount rate equal to the prime loan rate in effect on the date of one-and-one half percent per month. Any such payment or performance trial of major national banks who are members of the Federal Reserve System, insured by Lessor shall not waive Lessee's defaultthe Federal Deposit Insurance Corporation and are located in the State in which the Premises is located.

Appears in 2 contracts

Samples: Lease Agreement (Evotec SE), Lease Agreement (Evotec AG)

Remedies for Default. In case Upon occurrence of default an Event of Default as described in Section 6 of this lease10.1, Lessor Landlord shall have the right to the following remedies remedies, which are intended to be cumulative and in addition to any other remedies provided under applicable lawlaw or under this Lease: (a) Lessor 10.2.1 Landlord may at its option terminate the lease by notice this Lease, without prejudice to Lesseeits right to damages for Tenant's breach. With or without termination, Lessor Landlord may retake possession of the Slip by towing Premises (using self-help or removing any boats, watercraft, or other items at the Dock otherwise) and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Xxxxxxxx to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor 10.2.2 Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, Lease commissions paid for this Lease, and the unamortized cost of any tenant improvements installed by or paid for by Landlord. Lessor Landlord may xxx sue periodically to recover damages as they occur throughout the lease term Lease term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by Lessor shall not waive Lessee's default.

Appears in 2 contracts

Samples: Office Lease (AbSci Corp), Office Lease (AbSci Corp)

Remedies for Default. In case On the occurrence of any event of default as described in Section 6 of this leasespecified herein, Lessor shall have the right option to pursue any one or more of the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable lawremedies: (a) Lessor may terminate this Lease after at its option terminate least fifteen (15) days' written notice, in which event Lessee shall immediately surrender the lease by notice Rental Space to LesseeLessor. With Lessor may, without prejudice to any other remedy that it may have for possession or without terminationarrearages in rent, Lessor may retake enter on and take possession of the Slip by towing or removing Rental Space and remove all persons and property without being deemed guilty of any boatsmanner of trespass, watercraftand may relet the Rental Space, or other items any part of the Rental Space, for all or any part of the remainder of the Lease term to a party satisfactory to Lessor at such monthly rental as Lessor, with reasonable diligence, is able to secure. Lessee agrees to pay Lessor on demand the Dock amount of all loss and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following damage that lessor suffers by reason of such retaking of possessiontermination, efforts by the Lessor whether through inability to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages Rental Space on satisfactory terms or loss of rentals from Lesseeotherwise. (b) Lessor may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because enter on and take possession of the default. Rental Space, after at least fifteen (15) days' written notice, and relet the Rental Space for the benefit of Lessee on such terms as Lessor may xxx periodically to recover damages as they occur throughout the lease term deems advisable, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between receive the rent under this lease and the reasonable rental value of the Slip for the remainder reletting. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of the term, discounted to the time of judgment at the prevailing interest on judgmentssuch reletting. (c) Lessor may make enter on the Rental Space, without being liable for prosecution or any payment or perform claim for damages for such entry, and do whatever Lessee is obligated to do under the terms of this Lese to correct the default. Lessee agrees to reimburse Lessor on demand for any obligation which expenses that Lessor may incur in effecting compliance with Lessee's obligations under this Lease in this manner, and Lessee has failed to perform in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by further agrees that Lessor shall not waive be liable for any damages resulting to Lessee's default.

Appears in 1 contract

Samples: Office Lease (First Lehigh Corp)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 17 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor a. Landlord may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may Lease and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, possession efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips space in the Building. Landlord at its option may make such physical changes to the DockPremises as Landlord considers advisable or necessary in connection with any such reletting or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting Tenant's liability. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor b. Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to (i) rentals lost because of the default, (ii) lease commissions paid for this lease, (iii) the amortized cost of the initial Tenant Improvements described in Exhibit B, (iv) all legal expenses and other related costs incurred by Landlord following Tenant's default, and (v) all costs incurred by Landlord in reletting the Premises. Lessor To the extent permitted under Oregon Law, Landlord may xxx sue periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease (including an estimated amount of Additional Rent as determined by Landlord) and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor c. Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one and one-and-one half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Sublease Agreement (Webridge Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor shall have the right to the following remedies remedies, which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor may may, at its option option, terminate the lease by notice to Lessee. With or without termination, Lessor may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to LessorXxxxxx's claim to damages or loss of rentals from Lessee. (b) Lessor may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because of the default. Lessor may xxx sue periodically to recover damages as they occur throughout the lease term and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip for the remainder of the term, discounted to the time of judgment at the prevailing interest on judgments. (c) Lessor may make any payment or perform any obligation which Lessee Xxxxxx has failed to perform perform, in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor shall not waive Lessee's default.

Appears in 1 contract

Samples: Lease Agreement

Remedies for Default. In case Upon occurrence of default an Event of Default as described in Section 6 of this lease11.1, Lessor Landlord shall have the right to the following remedies remedies, which are intended to be cumulative and in addition to any other remedies provided under applicable lawlaw or under this Lease: (a) Lessor 11.2.1 Landlord may at its option terminate the lease by notice this Lease, without prejudice to Lesseeits right to damages for Tenant's breach. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's Landlord’s claim to damages or loss of rentals from LesseeTenant. (b) Lessor 11.2.2 Landlord may recover all damages caused by Lessee's Tenant’s default which that shall include an amount equal to rentals lost because of the default, Lease commissions paid for this Lease, and the unamortized cost of any tenant improvements installed by or paid for by Landlord. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term Lease term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages damages, plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by Lessor shall not waive Lessee's default.

Appears in 1 contract

Samples: Office Lease

Remedies for Default. In case of default as described in Section 6 of this lease20, Lessor Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without Upon termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's Landlord’s claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by Lessee's Tenant’s default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant’s special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, both discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive Lessee's Tenant’s default. (d) In the event Landlord fails to perform any of its obligations herein or under the Lease and (except in case of emergency posing an immediate threat to persons or property, in which case no prior notice shall be required) fails to cure such default within thirty (30) days after written notice from Tenant specifying the nature of such default where such default could reasonably be cured within said thirty (30) day period, or fails to commence such cure within said thirty (30) day period and thereafter continuously with due diligence prosecute such cure to completion where such default could not reasonably be cured within said thirty (30) day period, then Tenant shall have the right, but not the obligation, to cure such default and to demand reimbursement by Landlord of the cost of such cure, with interest thereon at the rate of ten percent (10%) per annum or the highest rate allowed by law, whichever is less, from the date of the expenditure until repaid.

Appears in 1 contract

Samples: Office Lease (Eschelon Telecom Inc)

Remedies for Default. In case of default as described in Section 6 of this lease15, Lessor Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease Lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees Tenant's for the Slip space at rates not less than the current rates for other comparable Slips at space in the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages or loss of rentals from LesseeBuilding. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this Lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term Lease Term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in Please Initial /s/ Illegible /s/ HW ------------- --------- Landlord Tenant Lease Agreement - 10 any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, Term discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one and one-and-one half percent (1.5%) per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Real Estate Lease (Oregon Baking Co Dba Marsee Baking)

Remedies for Default. In case of default as described in Section 6 of this leaseherein, Lessor Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor A. Landlord may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may Lease and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor B. Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this Lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx sue periodically to recover damages damaxxx as they occur throughout the lease term Lease term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor C. Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, expended plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Dogs International)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law:. (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor may Landlord my retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants, for the Slip space at rates not less than the current rates for other comparable Slips at space In the DockBuilding. If Lessor Landlord has other vacant slip(s) at space In the DockBuilding, prospective Lessees tenants may be placed in In such other slip space without prejudice to Lessor's Landlords claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by Lessee's Tenants default which shall include Include an amount equal to rentals lost W because of the default, unamortized lease commissions paid for this lease, and the unamortized cost of any tenant improvements Installed by Landlord to meet Tenants special requirements. Lessor Landlord may xxx periodically sue xxxiodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term Please Initial /s/ --------- ------ Page 3 of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip for the remainder of the term, discounted to the time of judgment at the prevailing interest on judgments.8 Landlord Tenant (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Commercial Lease (Interact Commerce Corp)

Remedies for Default. In case of default as described in Section 6 of this leaseParagraph 17.1, Lessor LESSOR shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor LESSOR may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may LEASE and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor LESSOR to relet the Slip Premises shall be sufficient if Lessor LESSOR follows its usual procedures procedure for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor LESSOR has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's LESSOR’S claim to damages or loss of rentals rental from LesseeLESSEE. (b) Lessor LESSOR may recover all damages caused by Lessee's LESSEE’S default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this LEASE, the unamortized cost of any tenant improvements installed by LESSOR to meet LESSEE’S special requirements and the cost of any clean up, refurbishing, lock changes and removal of the LESSEE’S property and fixtures. Lessor LESSOR may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor LESSOR may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLEASE. Such damages shall be measured by the difference between based upon the rent due under this lease and the reasonable rental value of the Slip LEASE for the remainder of the term, discounted to the time of judgment at the prevailing interest rates on judgments. (c) Lessor LESSOR may make any payment or perform any obligation which Lessee LESSEE has failed to perform perform, in which case Lessor LESSOR shall be entitled to recover from Lessee LESSEE upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent (1 1/2%) per month. Any such payment or performance by Lessor LESSOR shall not waive Lessee's LESSEE’S default.

Appears in 1 contract

Samples: Office Lease (Synplicity Inc)

Remedies for Default. In case of default as described in Section 6 of this leaseParagraph 17.1, Lessor LESSOR shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor LESSOR may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may LEASE and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor LESSOR to relet the Slip Premises shall be sufficient if Lessor LESSOR follows its usual procedures procedure for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor LESSOR has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's LESSOR'S claim to damages or loss of rentals rental from LesseeLESSEE. (b) Lessor LESSOR may recover all damages caused by Lessee's LESSEE'S default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this LEASE, the unamortized cost of any tenant improvements installed by LESSOR to meet LESSEE'S special requirements and the cost of any clean up, refurbishing, lock changes and removal of the LESSEE'S property and fixtures. Lessor LESSOR may xxx sue periodically to recover damages as they occur throughout the lease term tern, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor LESSOR may elect in any one action to recover accrued damages plus damages attributable to the remaining term tern of the leaseLEASE. Such damages shall be measured by the difference between based upon the rent due under this lease and the reasonable rental value of the Slip LEASE for the remainder of the term, discounted to the time of judgment at the prevailing interest rates on judgments. (c) Lessor LESSOR may make any payment or perform any obligation which Lessee LESSEE has failed to perform perform, in which case Lessor LESSOR shall be entitled to recover from Lessee LESSEE upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent (1 1/2%) per month. Any such payment or performance by Lessor LESSOR shall not waive Lessee's LESSEE'S default.

Appears in 1 contract

Samples: Office Lease (Valesc Inc)

Remedies for Default. In case of default as described in Section 6 of this leaseParagraph 17.1, Lessor LESSOR shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor LESSOR may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may LEASE and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor LESSOR to relet the Slip Premises shall be sufficient if Lessor LESSOR follows its usual procedures procedure for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor LESSOR has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's LESSOR'S claim to damages or loss of rentals rental from LesseeLESSEE. (b) Lessor LESSOR may recover all damages caused by Lessee's LESSEE'S default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this LEASE, the unamortized cost of any tenant improvements installed by LESSOR to meet LESSEE'S special requirements and the cost of any clean up, refurbishing, lock changes and removal of the LESSEE'S property and fixtures. Lessor LESSOR may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor LESSOR may elect in any one anyone action to recover accrued damages plus damages attributable to the remaining term of the leaseLEASE. Such damages shall be measured by the difference between based upon the rent due under this lease and the reasonable rental value of the Slip LEASE for the remainder of the term, discounted to the time of judgment at the prevailing interest rates on judgments. (c) Lessor LESSOR may make any payment or perform any obligation which Lessee LESSEE has failed to perform perform, in which case Lessor LESSOR shall be entitled to recover from Lessee LESSEE upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent (1 1/2%) per month. Any such payment or performance by Lessor LESSOR shall not waive Lessee's LESSEE'S default.

Appears in 1 contract

Samples: Office Lease (New Visual Corp)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx sue periodically to recover damages as xx they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Paulson Capital Corp)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: : (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees may tenants my be placed in such other slip space without prejudice to Lessorlandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Firstlink Communications Inc)

Remedies for Default. In case of default as described in Section 6 of this leaseParagraph 17.1, Lessor LESSOR shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor LESSOR may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may LEASE and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor LESSOR to relet the Slip Premises shall be sufficient if Lessor LESSOR follows its usual procedures procedure for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor LESSOR has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's LESSOR'S claim to damages or loss of rentals rental from LesseeLESSEE. (b) Lessor LESSOR may recover all damages caused by Lessee's LESSEE'S default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this LEASE, the unamortized cost of any tenant improvements installed by LESSOR to meet LESSEE'S special requirements and the cost of any clean up, refurbishing, lock changes and removal of the LESSEE'S property and fixtures. Lessor LESSOR may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor LESSOR may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLEASE. Such damages shall be measured by the difference between based upon the rent due under this lease and the reasonable rental value of the Slip LEASE for the remainder of the term, discounted to the time of judgment by the discount rate at the prevailing interest rate on judgments. (c) Lessor LESSOR may make any payment or perform any obligation which Lessee LESSEE has failed to perform perform, in which case Lessor LESSOR shall be entitled to recover from Lessee LESSEE upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent (1 1/2%) per month. Any such payment or performance by Lessor LESSOR shall not waive Lessee's LESSEE'S default.

Appears in 1 contract

Samples: Office Lease

Remedies for Default. In case 23.1 If any default by Lessee continues uncured after receipt of written notice of default and the period to cure as described in Section 6 of required by this leaseLease, Lessor shall have for the right period applicable to the default, the Port has the following remedies which are intended to be cumulative and in addition to any all other rights and remedies provided under applicable law: (a) Lessor by law or equity to which Port may at its option terminate resort cumulatively or in the lease by notice to Lessee. With or without termination, Lessor may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages or loss of rentals from Lesseealternative. (b) Lessor may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because of the default. Lessor may xxx periodically to recover damages as they occur throughout the lease term and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under 23.2 Without terminating this lease and the reasonable rental value of the Slip for the remainder of the termLease, discounted to the time of judgment at the prevailing interest on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor Port shall be entitled to recover from Lessee upon demand any amounts due hereunder or any damages arising out of the violation or failure of Lessee to perform any covenant, condition or provision of this Lease. 23.3 Port may elect to terminate this Lease and any and all amounts so expendedinterest and claim of Lessee by virtue of such Lease, plus whether such interest from or claim is existing or prospective, and to terminate all interest of Lessee in the Premises and any improvements or fixtures thereon (except trade fixtures). In the event this Lease is terminated, all obligations and indebtedness of Lessee to Port arising out of this Lease prior to the date of termination shall survive such termination. In the expenditure event of termination by Port, Port shall be entitled to recover immediately as damages the total of the following amounts: 23.3.1 The reasonable costs of re-entry and re-letting, including, but not limited to, any expenses of cleaning, repairing, altering, remodeling or refurbishing the Premises to the condition they were in at the rate outset of onethe Lease, reasonable wear and tear excepted, removing Lessee’s property or any other expenses incurred in recovering possession of the Premises or re-andletting the Premises, including, but not limited to, reasonable attorney’s fees, court costs, broker’s commissions and advertising expense. 23.3.2 The loss of rental on the Premises accruing until the date when a new Lessee has been or, with the exercise of reasonable diligence, could have been obtained. 23.4 Port may re-one half percent per monthenter the Premises and take possession thereof and remove any persons and property by legal action or by self-help and without liability for damages and Lessee shall indemnify and hold the Port harmless from any claim or demand arising out of such re-entry and removal of persons and property, except for the gross negligence or willful misconduct of the Lessor. Any such payment or performance Such re-entry by Lessor the Port shall not waive Lessee's terminate the Lease or release the Lessee from any obligations under the Lease. In the event Port re-enters the Premises for the purpose of re-letting, Port may re-let all or some portion of the Premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this Lease, upon any reasonable terms and conditions, including the granting’ of a period of rent-free occupancy or other rental concession, and Port may not be required to re-let to any Lessee which Port may reasonably consider objectionable. cure the default. For the cure of any other default, Lessee shall have thirty (30) days after receipt of written notice to cure the default, provided; however, that if it takes more than thirty (30) days to cure a default, the Lessee shall not be in default if it promptly undertakes a cure and diligently pursues it.

Appears in 1 contract

Samples: Lease Agreement (Plasmet Corp)

Remedies for Default. 11.1. In case of default as described in Section 6 of this leaseParagraph 10 above, Lessor Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor may at 11.1.1. Terminate this Lease without relieving Tenant from its option terminate the lease by notice obligation to Lesseepay damages. 11.1.2. With or without termination, Lessor may retake Retake possession of the Slip Premises by towing summary proceedings or removing any boatsotherwise, watercraftin which case Tenant's liability to Landlord for damages shall survive the tenancy. Landlord may, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following after such retaking of possession, efforts by the Lessor to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages or loss of rentals from LesseePremises upon any reasonable terms. (b) Lessor may recover all 11.1.3. Recover damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the defaultreasonable attorneys' fees at trial and on any appeal therefrom. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by Lease equal to the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest on judgmentsrate of ten (10%) percent per annum. (c) Lessor may make 11.1.4. Make any payment or perform any obligation which Lessee has failed required of Tenant so as to perform cure Tenant's default, in which case Lessor Landlord shall be entitled to recover all amounts so expended from Lessee upon demand all Tenant, plus interest at the rate of ten percent (10%) per annum from the date of the expenditure. 11.2. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord under this Lease within twenty (20) calendar days after Landlord's receipt of written notice by Tenant specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligation is such that more than twenty (20) calendar days are required for performance, then Landlord shall not be in default if Landlord commences performance within such twenty (20) calendar day period and thereafter diligently prosecutes that same to completion. If Landlord fails to correct a default following such notice, Tenant may make the correction and any amounts so expended, plus interest from the date of the expenditure at the default rate of one-and-one half percent per monthstated in Paragraph 11.1.4, shall be recoverable from Landlord, but Tenant may not have any right to offset such amounts against rent due under this Lease. Any such payment or performance by Lessor This paragraph shall not waive Lesseealso apply to Landlord's defaultfailure to repair as stated in Paragraph 3.2.

Appears in 1 contract

Samples: Lease Agreement (Planar Systems Inc)

Remedies for Default. In case of default as described in Section 6 of this leaseParagraph 17.1, Lessor LESSOR shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor LESSOR may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may LEASE and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor LESSOR to relet the Slip Premises shall be sufficient if Lessor LESSOR follows its usual procedures procedure for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor LESSOR has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's LESSOR'S claim to damages or loss of rentals rental from LesseeLESSEE. (b) Lessor LESSOR may recover all damages caused by Lessee's LESSEE'S default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this LEASE, the unamortized cost of any tenant improvements installed by LESSOR to meet LESSEE'S special requirements and the cost of any clean up, refurbishing, lock changes and removal of the LESSEE'S property and fixtures. Lessor LESSOR may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor LESSOR may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease LEASE and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rates on judgments.. LESSOR INITIAL_____ LESSEE INITIAL_____ (c) Lessor LESSOR may make any payment or perform any obligation which Lessee LESSEE has failed to perform perform, in which case Lessor LESSOR shall be entitled to recover from Lessee LESSEE upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one- half percent (1 1/2%) per month. Any such payment or performance by Lessor LESSOR shall not waive Lessee's LESSEE'S default.

Appears in 1 contract

Samples: Office Lease (Wholesome & Hearty Foods Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies remedies, which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's Landlord’s claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by Lessee's Tenant’s default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant’s special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment judgement at the prevailing interest rate on judgmentsjudgements. (c) Lessor Landlord may make any payment or perform any obligation obligation, which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive Lessee's Tenant’s default.

Appears in 1 contract

Samples: Office Lease (Imageware Systems Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Nettel Holdings Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: : (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx sue periodically to recover damages as they occur throughout the lease term thx xease term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment judgement at the prevailing interest rate on judgmentsjudgements. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default. Notwithstanding any provision to the contrary, Landlord shall have the duty to mitigate damages in accordance with Oregon law.

Appears in 1 contract

Samples: Office Lease (Integrated Information Systems Inc)

Remedies for Default. In case 23.1 If any default by Lessee continues uncured after receipt of written notice of default and the period to cure as described in Section 6 of required by this leaseLease, Lessor shall have for the right period applicable to the default, the Port has the following remedies which are intended to be cumulative and in addition to any all other rights and remedies provided under applicable law: (a) Lessor by law or equity to which Port may at its option terminate resort cumulatively or in the lease by notice to Lessee. With or without termination, Lessor may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages or loss of rentals from Lesseealternative. (b) Lessor may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because of the default. Lessor may xxx periodically to recover damages as they occur throughout the lease term and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under 23.2 Without terminating this lease and the reasonable rental value of the Slip for the remainder of the termLease, discounted to the time of judgment at the prevailing interest on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor Port shall be entitled to recover from Lessee upon demand any amounts due hereunder or any damages arising out of the violation or failure of Lessee to perform any covenant, condition or provision of this Lease. 23.3 Port may elect to terminate this Lease and any and all amounts so expendedinterest and claim of Lessee by virtue of such Lease, plus whether such interest from or claim is existing or prospective, and to terminate all interest of Lessee in the Premises and any improvements or fixtures thereon (except trade fixtures). In the event this Lease is terminated, all obligations and indebtedness of Lessee to Port arising out of this Lease prior to the date of termination shall survive such termination. In the expenditure event of termination by Port, Port shall be entitled to recover immediately as damages the total of the following amounts: 23.3.1 The reasonable costs of re-entry and re-letting, including, but not limited to, any expenses of cleaning, repairing, altering, remodeling or refurbishing the Premises to the condition they were in at the rate outset of onethe Lease, reasonable wear and tear excepted, removing Lessee’s property or any other expenses incurred in recovering possession of the Premises or re-andletting the Premises, including, but not limited to, reasonable attorney’s fees, court costs, broker’s commissions and advertising expense. 23.3.2 The loss of rental on the Premises accruing until the date when a new Lessee has been or, with the exercise of reasonable diligence, could have been obtained. 23.4 Port may re-one half percent per monthenter the Premises and take possession thereof and remove any persons and property by legal action or by self-help and without liability for damages and Lessee shall indemnify and hold the Port harmless from any claim or demand arising out of such re-entry and removal of persons and property, except for the gross negligence or willful misconduct of the Lessor. Any such payment or performance Such re-entry by Lessor the Port shall not waive terminate the Lease or release the Lessee from any obligations under the Lease. In the event Port re-enters the Premises for the purpose of re-letting, Port may re-let all or some portion of the Premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this Lease, upon any reasonable terms and conditions, including the granting’ of a period of rent-free occupancy or other rental concession, and Port may not be required to re-let to any Lessee which Port may reasonably consider objectionable. 23.5 In the event Port re-lets the Premises as agent for Lessee's default, Port shall be entitled to recover immediately as damages the total of the following amounts. 23.5.1 An amount equal to the total rental coming due for the remainder of the term of this Lease, computed based upon the periodic rent provided for herein and without discount or reduction for the purpose of adjusting such amount to present value of anticipated future payments, less any payments thereafter applied against such total rent by virtue of the new lease. 23.5.2 The reasonable costs of re-entry and re-letting, including but not limited to, any expense of cleaning, repairing, altering, remodeling, refurbishing, removing Lessee’s property, or any other expenses incurred in recovering possession of the Premises or re-letting the Premises, including, but not limited to, attorneys’ fees, court costs, broker’s commissions and advertising expense. 23.6 All payments received by Port from re-letting shall be applied upon indebtedness and damages owing to Port from Lessee, if any, and the balance shall be remitted to Lessee.

Appears in 1 contract

Samples: Lease Agreement (Plasmet Corp)

Remedies for Default. In case Upon occurrence of default an Event of Default as described in Section 6 of this lease11.1, Lessor Landlord shall have the right to the following remedies remedies, which are intended to be cumulative and in addition to any other remedies provided under applicable lawlaw or under this Lease: (a) Lessor 11.2.1 Landlord may at its option terminate the lease by notice this Lease, without prejudice to Lesseeits right to damages for Tenant’s breach. With or without termination, Lessor Landlord may retake possession of the Slip by towing Premises (using self-help or removing any boats, watercraft, or other items at the Dock otherwise) and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other comparable vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's Landlord’s claim to damages or loss of rentals from LesseeTenant. (b) Lessor 11.2.2 Landlord may recover all damages caused by Lessee's Tenant’s default which shall include an amount equal to rentals lost because of the default, amortized Lease commissions paid for this Lease, and the amortized cost of any tenant improvements installed by or paid for by Landlord. Lessor Landlord may xxx sxx periodically to recover damages as they occur throughout the lease term Lease term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by Lessor shall not waive Lessee's default.

Appears in 1 contract

Samples: Office Lease (Eastside Distilling, Inc.)

AutoNDA by SimpleDocs

Remedies for Default. In case of default Upon Lessee’s default, as described in Section 6 of this leasedefined above, Lessor shall have the right to the following remedies which are intended to be cumulative and have, in addition to any other rights or remedies provided under applicable lawit may have, the following remedies, all of which are cumulative: (a) A. Lessor may exercise the immediate right of re-entry and may secure said premises to prevent the removal of goods or equipment subject to a Lessor’s lien and may remove all persons or property from the premises and such property may be removed and stored in public warehouse or elsewhere at its option terminate the lease by cost of, and for the account of Lessee, all without service of notice or resort to Lesseelegal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby, and without terminating this lease. With or without termination, Lessor may retake take possession of the Slip by towing premises, which will not be deemed an acceptance of surrender of this lease or removing a waiver of any boats, watercraft, rights or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following such retaking remedies of possession, efforts by the Lessor to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages or loss of rentals from Lessee. (b) B. Lessee shall pay Lessor may recover all damages caused by Lessee's default which shall include an amount equal upon demand: All rent and other payments accrued to rentals lost because of the default. Lessor may xxx periodically to recover damages as they occur throughout the lease term and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip for the remainder of the term, discounted to the time of judgment at the prevailing interest on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of default, including a proportionate part of the expenditure at rent otherwise payable for the rate month in which default occurs; X. Xxxxxx may terminate this lease. In the event lessee defaults in the payment of one-and-one half percent per month. Any such payment rent or performance by any other condition or covenant contained in this agreement, which remedy for default is not specifically addressed herein, the Lessor shall not waive give the lessee notice to cure such default within the following time: For failure to pay rent on time – 3 day notice to cure; For failure to repair damage – 15 day notice to cure; For failure to provide proof of insurance – 30 day notice; In the event of the termination of this lease for whatever cause, lessee shall immediately quit and surrender to Lessor the demised premises, including all renovations and improvements and each and every part thereof and lessee’s rights and interests hereunder shall wholly cease and expire. In the event Lessor shall accrue any legal fees as a result of, or for the purpose of curing Lessee's ’s default, Lessee hereby agrees to reimburse Lessor for such attorney fees and court costs.

Appears in 1 contract

Samples: Lease Agreement

Remedies for Default. In case of default as described in Section 6 of this leaseParagraph 17.1, Lessor LESSOR shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor LESSOR may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may LEASE and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor LESSOR to relet the Slip Premises shall be sufficient if Lessor LESSOR follows its usual procedures procedure for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor LESSOR has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's LESSOR'S claim to damages or loss of rentals rental from LesseeLESSEE. (b) Lessor LESSOR may recover all damages caused by Lessee's LESSEE'S default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this LEASE, the unamortized cost of any tenant improvements installed by LESSOR to meet LESSEE'S special requirements and the cost of any clean up, refurbishing, lock changes and removal of the LESSEE'S property and fixtures. Lessor LESSOR may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor LESSOR may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLEASE. Such damages shall be measured by the difference between based upon the rent due under this lease and the reasonable rental value of the Slip LEASE for the remainder of the term, discounted to the time of judgment at the prevailing interest rates on judgments. (c) Lessor LESSOR may make any payment or perform any obligation which Lessee LESSEE has failed to perform perform, in which case Lessor whichcase LESSOR shall be entitled to recover from Lessee LESSEE upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent (1 1/2%) per month. Any such payment or performance by Lessor LESSOR shall not waive Lessee's LESSEE'S default.

Appears in 1 contract

Samples: Office Lease (Rim Semiconductor CO)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet rein the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by Landlord to reel the Lessor to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by Lessee's Tenant’s default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any -tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per pc r month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Imageware Systems Inc)

Remedies for Default. In case On the occurrence of any event of default as described in Section 6 of this leasespecified herein, Lessor shall have the right option to pursue any one or more of the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable lawremedies: (a) Lessor may terminate this Lease after at its option terminate least fifteen (15) days' written notice, in which event Lessee shall immediately surrender the lease by notice Rental Space to LesseeLessor. With Lessor may, without prejudice to any other remedy that it may have for possession or without terminationarrearages in rent, Lessor may retake enter on and take possession of the Slip by towing or removing Rental Space and remove all persons and property without being deemed guilty of any boatsmanner of trespass, watercraftand may relet the Rental Space, or other items any part of the Rental Space, for all or any part of the remainder of the Lease term to a party satisfactory to Lessor at such monthly rental as Lessor, with reasonable diligence, is able to secure. Lessee agrees to pay Lessor on demand the Dock amount of all loss and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following damage that lessor suffers by reason of such retaking of possessiontermination, efforts by the Lessor whether through inability to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages Rental Space on satisfactory terms or loss of rentals from Lesseeotherwise. (b) Lessor may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because enter on and take possession of the default. Rental Space, after at least fifteen (15) days' written notice, and relet the Rental Space for the benefit of Lessee on such terms as Lessor may xxx periodically to recover damages as they occur throughout the lease term deems advisable, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between receive the rent under this lease and the reasonable rental value of the Slip for the remainder reletting. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of the term, discounted to the time of judgment at the prevailing interest on judgmentssuch reletting. (c) Lessor may make enter on the Rental Space, without being liable for prosecution or any payment claim for damages for such entry, and do whatever Lessee is obligated to do under the terms of this Lese to correct the default. Lessee agrees to reimburse Lessor on demand for any expenses that Lessor may incur in effecting compliance with Lessee's obligations under this Lease in this manner, and Lessee further agrees that Lessor shall not be liable for any damages resulting to Lessee from such action. No re-entry or perform any obligation which Lessee has failed to perform in which case taking possession of the Rental Space by Lessor shall be entitled construed as an election on its part to recover terminate this Lease, unless written notice of such intention be given to Lessee. Notwithstanding any such reletting or reentry or taking possession, Lessor may at any time thereafter elect to terminate this Lease for a previous default. The loss or damage that Lessor may suffer by reason of termination of this Lease, or the deficiency from Lessee upon demand all amounts so expendedany reletting as provided for above, plus interest from shall include the date expense of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by Lessor shall not waive Lessee's defaultrepossession.

Appears in 1 contract

Samples: Office Lease (First Lehigh Corp)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's Landlord’s claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by Lessee's Tenant’s default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this Lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant’s special requirements. Lessor Landlord may xxx sxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment judgement at the prevailing interest rate on judgmentsjudgements. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive Lessee's Tenant’s default.

Appears in 1 contract

Samples: Office Lease (Pixelworks, Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: : (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx sue periodically to recover damages as xx they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment judgement at the prevailing interest rate on judgmentsjudgements. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Schnitzer Steel Industries Inc)

Remedies for Default. In case of default as described in Section 6 of this leaseherein, Lessor Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor A. Landlord may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may Lease and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor B. Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this Lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term Lease term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor C. Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, expended plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Dogs International)

Remedies for Default. In case of default as described in Section 6 of this leaseParagraph 11.1, Lessor LESSOR shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor LESSOR may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may LEASE and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor LESSOR to relet the Slip premises shall be LESSOR INITIAL KRV LESSEE INITIAL DN --- -- Exhibit A sufficient if Lessor LESSOR follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor LESSOR has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's LESSOR'S claim to damages or of loss of rentals rental from LesseeLESSEE. (b) Lessor LESSOR may recover all damages caused by Lessee's LESSEE'S default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this LEASE, the unamortized cost of any tenant improvements installed by LESSOR to meet LESSEE'S special requirements and the cost of any clean up, refurbishing, lock changes and removal of the LESSEE'S property and fixtures. Lessor LESSOR may xxx sue periodically to recover damages as they occur throughout the lease term leaxx term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor LESSOR may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease LEASE and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor LESSOR may make any payment or perform any obligation which Lessee LESSEE has failed to perform perform, in which case Lessor LESSOR shall be entitled to recover from Lessee LESSEE upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent (1 1/2) per month. Any such payment or performance by Lessor LESSOR shall not waive Lessee's LESSEE'S default.

Appears in 1 contract

Samples: Assignment of Lease (Cypost Corp)

Remedies for Default. In case On the occurrence of any event of default as described specified in Section 6 of this lease, Lessor 11.1. Landlord shall have the right option to pursue any one or more of the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable lawremedies: (a) Lessor Landlord may terminate this Lease after at its option terminate least 15 days' written notice, in which event Tenant shall immediately surrender the lease by notice Premises to LesseeLandlord. With Landlord may, without prejudice to any other remedy that it may have for possession or without terminationarrearages in rent, Lessor may retake enter on and take possession of the Slip by towing or removing Premises and remove all persons and property without being deemed guilty of any boatsmanner of trespass, watercraft, or other items at the Dock and may use or relet the Slip without accepting Premises. or any part of the Premises, for all or any part of the remainder of the Lease term to a surrender or waiving party satisfactory to Landlord at such monthly rental as Landlord with reasonable diligence is able to secure. Tenant agrees to pay Landlord on demand the right to damages. Following amount of all loss and damage that Landlord suffers by reason of such retaking of possessiontermination, efforts by the Lessor whether through inability to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to Lessor's claim to damages Premises on satisfactory terms or loss of rentals from Lesseeotherwise. (b) Lessor Landlord may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because enter on and take possession of the default. Lessor may xxx periodically to recover damages Premises, after at least 15 days' written notice, and relet the premises for the benefit of Tenant on such terms as they occur throughout the lease term Tenant deems advisable, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between receive the rent under this lease and the reasonable rental value of the Slip for the remainder reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of the term, discounted to the time of judgment at the prevailing interest on judgmentssuch reletting. (c) Lessor Landlord may make enter on the Premises, without being liable for prosecution or any payment claim for damages for such entry, and do whatever Tenant is obligated to do under the terms of this Lease to correct the default. Tenant agrees to reimburse Landlord on demand for any reasonable expenses that Landlord may incur in effecting compliance with Tenant's obligations under this Lease in this manner, and Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. No reentry or perform any obligation which Lessee has failed to perform in which case Lessor taking possession of the Premises by Landlord shall be entitled construed as an election on its part to recover terminate this Lease, unless written notice of such intention be given to Tenant. Notwithstanding any such reletting or reentry or taking possession, Landlord may at any time thereafter elect to terminate this Lease for a previous default. The loss or damage that Landlord may suffer by reason of termination of this Lease or the deficiency from Lessee upon demand all amounts so expendedany reletting as provided for above, plus interest from shall include the date expense of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by Lessor shall not waive Lessee's defaultrepossession.

Appears in 1 contract

Samples: Office Lease (West Coast Entertainment Corp)

Remedies for Default. In case Upon occurrence of default an Event of Default as described in Section 6 of this leaseparagraph 11.1, Lessor Landlord shall have the right to the following remedies remedies, which are intended to be cumulative and in addition to any other remedies provided under applicable lawlaw or under this Lease: (a) Lessor 11.2.1 Landlord may at its option terminate the lease by notice this Lease, without prejudice to Lesseeits right to damages for Tenant's breach. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Xxxxxxxx to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to Lessor's Landlord’s claim to damages or loss of rentals from LesseeTenant. (b) Lessor 11.2.2 Landlord may recover all damages caused by Lessee's Tenant’s default which shall include an amount equal to rentals lost because of the default, Lease commissions paid for this Lease, and the unamortized cost of any tenant improvements installed by or paid for by Landlord. Lessor Landlord may xxx sue periodically to recover damages as they occur throughout the lease term Lease term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor may make any payment or perform any obligation which Lessee has failed to perform in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one half percent per month. Any such payment or performance by Lessor shall not waive Lessee's default.

Appears in 1 contract

Samples: Lease Agreement (Zones Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet re-let the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of or possession, efforts by Landlord to re-let the Lessor to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees Tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at Page 6 Please Initial -------- -------- Landlord Tenant space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost loss because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee upon Tenant on demand all amounts so expendedexpected, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Cobalt Group Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 11.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet re-let the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of or possession, efforts by Landlord to re-let the Lessor to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees Tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at Page 6 Please Initial -------- --------- Landlord Tenant space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost loss because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee upon Tenant on demand all amounts so expendedexpected, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Cobalt Group Inc)

Remedies for Default. In case of default as described in Section 6 of this leaseparagraph 12.1, Lessor Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor Landlord may at its option terminate the lease by notice to LesseeTenant. With or without termination, Lessor Landlord may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock Premises and may use or relet the Slip Premises without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform perform, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one one-half percent per month. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Physician Partners Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor paragraph 19.1 Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable lawlaws: (a) Lessor 20.1.1 Landlord may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may and retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damagesPremises. Following such retaking of possession, efforts by the Lessor Landlord to relet the Slip Premises shall be sufficient if Lessor Landlord follows its usual procedures for finding lessees tenants for the Slip space at rates not less than the current rates for other comparable Slips at space in the DockBuilding. If Lessor Landlord has other vacant slip(s) at space in the DockBuilding, prospective Lessees tenants may be placed in such other slip space without prejudice to LessorLandlord's claim to damages or loss of rentals from LesseeTenant. (b) Lessor 20.1.2 Landlord may recover all damages caused by LesseeTenant's default which shall include an amount equal to rentals lost because of the default, lease commissions paid for this Lease, and the unamortized cost of any tenant improvements installed by Landlord to meet Tenant's special requirements. Lessor Landlord may xxx periodically to recover damages as they occur throughout the lease term Lease term, and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor Landlord may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the leaseLease. Such damages shall be measured by the difference between the rent under this lease Lease and the reasonable rental value of the Slip Premises for the remainder of the term, discounted to the time of judgment at the prevailing interest rate on judgments. (c) Lessor 20.1.3 Landlord may make any payment or perform any obligation which Lessee Tenant has failed to perform as required under paragraph 10.1 hereof, in which case Lessor Landlord shall be entitled to recover from Lessee Tenant upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-one half twelve percent (12%) per monthannum. Any such payment or performance by Lessor Landlord shall not waive LesseeTenant's default.

Appears in 1 contract

Samples: Office Lease (Accent Optical Technologies Inc)

Remedies for Default. In case of default as described in Section 6 of this lease, Lessor shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law: (a) Lessor may at its option terminate the lease by notice to Lessee. With or without termination, Lessor may retake possession of the Slip by towing or removing any boats, watercraft, or other items at the Dock and may use or relet the Slip without accepting a surrender or waiving the right to damages. Following such retaking of possession, efforts by the Lessor to relet the Slip shall be sufficient if Lessor follows its usual procedures for finding lessees for the Slip at rates not less than the current rates for other comparable Slips at the Dock. If Lessor has other vacant slip(s) at the Dock, prospective Lessees may be placed in such other slip without prejudice to LessorXxxxxx's claim to damages or loss of rentals from Lessee. (b) Lessor may recover all damages caused by Lessee's default which shall include an amount equal to rentals lost because of the default. Lessor may xxx sue periodically to recover damages as they occur throughout the lease term and no action for accrued damages shall bar a later action for damages subsequently accruing. Lessor may elect in any one action to recover accrued damages plus damages attributable to the remaining term of the lease. Such damages shall be measured by the difference between the rent under this lease and the reasonable rental value of the Slip for the remainder of the term, discounted to the time of judgment at the prevailing interest on judgments. (c) Lessor may make any payment or perform any obligation which Lessee Xxxxxx has failed to perform in which case Lessor shall be entitled to recover from Lessee upon demand all amounts so expended, plus interest from the date of the expenditure at the rate of one-and-and- one half percent per month. Any such payment or performance by Lessor shall not waive Lessee's default.

Appears in 1 contract

Samples: Lease Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!