REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled to pursue any one or more of the remedies set forth herein without any notice or demand. A. Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs. B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease. X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease. D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first: 1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 2 contracts
Samples: Commercial Lease (Globalscape Inc), Commercial Lease (American Telesource International Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon In the occurrence of any event of Lessee's default set forth in this or breach of the Lease, Lessor is entitled may terminate Lessee's right to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premises, Premises by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, lawful means in which event case this Lease shall terminate and Lessee shall immediately surrender possession of the Leased Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry, and if Lessee fails to surrender this right of re-entry is exercised following abandonment of the Leased PremisesPremises by Lessee, Lessor may, without prejudice may consider any personal property belonging to any other remedy which it may Lessee and left on the Premises to also have for possession or arrearages in rent, enter upon been abandoned. If Lessee breaches this Lease and take possession abandons the property before the end of the Leased Premisesterm, or if Lessee's right to possession is terminated by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part Lessor because of a breach of the Leased Premises Lease, then in either such case, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including without being liable for limitation thereto, the following: (i) the worth at the time of award of any claim for damages. Lessee agrees to pay on demand unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of all such rental loss and damage which Lessor may suffer by reason that Lessee proves could have been reasonably avoided; plus (iii) the worth at the time of award of the termination amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease under this Sectionor which in the ordinary course of things would be likely to result therefrom, including without limitation, loss and damage due any reasonable costs or expenses incurred by Lessor in (A) retaking possession of the Premises, including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default, (C) preparing the Premises for reletting to a new Lessee, including repairs or necessary alterations to the failure of Lessee to maintain Premises for such reletting, (D) leasing commissions, and (E) any other costs reasonably necessary or repair the Leased Premises as required hereunder and/or due to the inability appropriate to relet the Leased Premises on terms satisfactory Premises; plus (v) at Lessor's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such re-entry Lessor or otherwise, and shall have the right to make any reasonable expenditures made by repairs, alterations or modifications to the Premises, which Lessor in order to relet its reasonable discretion deems necessary. As used in Subsection 20(i) the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet "worth at the Leased Premises so as to mitigate time of award" is computed by allowing interest at the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value rate of all future rentals required to be paid under this Lease twelve percent (12%) per year from the date of default. As used in Subsections 20(ii) and 20(iii) the "worth at the time of award" is computed by discounting such amounts at the discount rate of twelve percent (12%) per year. The foregoing remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law or to any equitable remedies Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generally. The waiver by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in of any breach of any term of this Lease to the contrary, this Lease may shall not be terminated under this section by Lessor only by mailing or delivering written notice deemed a waiver of such termination to Lessee, and no other act term or omission of Lessor constitutes a termination of this Leaseany subsequent breach thereof.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 2 contracts
Samples: Lease Agreement (United Natural Foods Inc), Lease Agreement (United Natural Foods Inc)
REMEDIES FOR LESSEE'S DEFAULT. All rights and remedies of the Lessor herein enumerated in the event of default shall be cumulative and nothing herein shall exclude any other right or remedy allowed by law. Upon the occurrence of any event Event of default Default set forth in this LeaseLease Agreement, Lessor is entitled shall have the option, if Lessor so elects but not otherwise, to pursue any one or more of the following remedies set forth herein without any notice or demand.:
A. Without declaring (a) Terminate this Lease, in which event Lessee shall immediately surrender the Lease terminatedPremises to Lessor, and if Lessee fails to surrender the Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearage in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for prosecution of any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of the Lease under this subparagraph, whether through inability to re-let the Premises on satisfactory terms or otherwise.
(b) Enter upon and take possession of the Premises, and lock out, expel or remove Lessee from any other person who may be occupying all or any part of the Premises without being liable for any claim for damages, and relet re-let the Leased Premises on behalf of Lessee and receive directly the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liablere-letting. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting re-letting of the Leased Premises; further. Further, Lessee agrees to reimburse Lessor for any reasonably expenditures expenditure made by it for remodeling or repairing, as well as the cost of Realtor's fees, in order to relet re-let the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter (c) Enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for prosecution of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee' obligations under this Lease. Further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender Subparagraph caused by the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession negligence of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. (d) In the event that Lessor exercises its remedy litigation is necessary to lock out Lessee in accordance with any provision enforce the provisions of this Lease, both Lessor and Lessee agrees that no notice is required hereby waive their respective rights to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);jury trial.
Appears in 2 contracts
Samples: Sublease Agreement (New Millennium Media International Inc), Office Lease Agreement (New Millennium Media International Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event Event of default Default set forth in this Lease, Lessor is entitled to pursue any and all rights permitted by equity and law (including statutory law, case law and otherwise), including without limitation, one or more of the remedies set forth herein to the extent permitted by applicable law without any notice or demanddemand but in accordance with legal process.
A. (1) Without declaring the this Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, necessary and lock out, provided that it is permitted by law and without the use of force expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damagesdamages (except for those caused by the gross negligence or willful misconduct of Lessor), and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. liable except to the extent required by law Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. (2) Without declaring the this Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessarynecessary and provided that it is allowed by law, without being liable for any claim for damages, damages except for damages arising from those caused by Lessor's negligence, recklessness ’s gross negligence or willful misconduct, and do whatever Lessee is obligated to do under the terms xxxxx of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's ’s obligations under this Lease; further, Lessee agrees that Lessor will not be liable for any damages resulting to Lessee from effecting compliance with Lessee’s obligations under this Lease except as caused by the gross negligence or willful misconduct of Lessor.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rentrent and without the use of force, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, necessary and lock outprovided that it is allowed by law, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damagesdamages except for Lessor’s gross negligence or willful misconduct. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms reasonably satisfactory to Lessor or otherwise, and any commercially reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the this Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letlaw. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that (4) [INTENTIONALLY DELETED]
(5) If Lessor exercises any of its rights provided herein and Lessee subsequently cures such default, Lessor is entitled to receive a service charge of $500.00 from Lessee for its time and expense, in addition to any other amounts owed hereunder, prior to allowing the Lessee to reenter and reoccupy the Leased Premises.
(6) Lessor’s pursuit of any remedy specified in this Lease will not constitute an election to lock out Lessee pursue that remedy only, nor preclude Lessor from pursuing any other remedy available at law or in accordance with equity, nor constitute a forfeiture or waiver of any rent or other amount due to Lessor as described herein.
(7) Notwithstanding any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door Article 11 to the Leased Premises (or elsewhere) disclosing contrary, nothing herein may be construed to relieve the reason for such action or any other informationLessor from its obligation to seek to mitigate its damages upon the occurrence of an Event of Default, and that Lessor is not obligated to provide a key but only to the changed lock to extent required by law. In addition, the liability of Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Leasewith respect to any Event of Default is limited to Lessor’s actual direct, in which event payment of all past due amounts do but not obligate Lessor to provide a key);consequential, damages.
Appears in 2 contracts
Samples: Sublease (Gevo, Inc.), Sublease (Gevo, Inc.)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled to pursue any one or more of the remedies set forth herein without any notice or demand.
A. (a) Without declaring the this Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. (b) Without declaring the this Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's ’s obligations under this Lease; further, Lessee agrees that Lessor will not be liable for any damages resulting to Lessee from effecting compliance with Lessee’s obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (c) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the this Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letlaw. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. (d) In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. (i) brought current all payments due to Lessor under this Lease (unless Lessor has permanently repossessed the Leased Premises or terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
(ii) fully cured and remedied to Lessor’s satisfaction all other defaults of Lessee under this Lease (unless Lessee has abandoned or vacated the Leased Premises, in which event Lessor is not obligated to provide the new key to Lessee under any circumstances); and
(iii) provided Lessor with additional security deposit and assurances satisfactory to Lessor that Lessee intends to and is able to meet and comply with its future obligations under this Lease, both monetary and non-monetary. Lessor may, upon written request by Lessee, at Lessor’s convenience, upon receipt by Lessor of an amount necessary to reimburse itself for time and expense in providing such service, and upon Lessee’s execution and delivery of such waivers and indemnities as Lessor may require at Lessor’s option either: a) escort Lessee or its specifically authorized employees or agents to the Leased Premises to retrieve personal belongings of Lessee’s employees and property of Lessee that is not subject to a Security Interest provided in this Lease; or
Appears in 2 contracts
Samples: Commercial Lease (Xtera Communications, Inc.), Commercial Lease (Xtera Communications, Inc.)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and can do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this LeaseLease caused by the negligence of Lessee or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, necessary and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and Lessee fails to take possession of the leased premises on the commencement or completion date or otherwise defaults at any reasonable expenditures made by Lessor in order to relet time during the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision term of this Lease, the rent concessions, including any waived base rent, shall be canceled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Lessee agrees that no notice is required of any obligation to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or pay any other information, charge due and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor payable under this Lease (unless Lessor has terminated this Lease, in which event payment of all past including without limitation any sum due amounts do not obligate Lessor to provide a key);under section 2.
Appears in 1 contract
Samples: Standard Office Showroom/Warehouse Commercial Lease (Bollinger Industries Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand.:
A. Without declaring (a) Terminate this Lease, in which event Lessee shall immediately surrender the Lease terminatedleased premises to Lessor, and if Lessee fails to surrender the leased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel, or remove Lessee and any other person who may be occupying all or any part of the leased premises without being liable for prosecution of any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of the Lease under this subparagraph, whether through inability to relet the leased premises on satisfactory terms or otherwise.
(b) Enter upon and take possession for the leased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of the Lessee and receive directly the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costsleased premises.
B. Without declaring the Lease terminated, Lessor may enter (c) Enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for prosecution of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any reasonable expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Leasefurther, Lessee agrees that no notice is required Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under the subparagraph caused by the negligence of Lessor or otherwise.
(d) In the event Lessor exercises any of it rights provided herein and Lessee subsequently cures such default, Lessor shall be posted by Lessor on any door entitled to the Leased Premises (or elsewhere) disclosing the reason receive a service charge of one hundred dollars from Lessee for such action or its time and expense in addition to any other informationamounts owed hereunder, prior to allowing the Lessee to re-enter and that Lessor is not obligated to provide a key to re-occupy the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);premises.
Appears in 1 contract
Samples: Real Estate Purchase Contract (Home Interiors & Gifts Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any uncured event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand whatsoever:
A. Lessor may terminate this Lease. If Lessor elects to terminate this Lease, then Lessee shall immediately surrender the leased premises to Lessor and shall be liable for and shall pay to Lessor the sum of all rent and other indebtedness accrued to the date of such termination plus, as damages, an amount equal to the total of (i) the cost of recovering the leased premises, (ii) the cost of removing and storing Lessee’s and other occupants’ property located therein, (iii) the cost of reletting the leased premises, or a portion thereof, whether or not accomplished in one or more phases (including, without limitation, brokerage commissions), (iv) the cost of decorations, repairs, changes, alterations, and additions to the leased premises, (v) the cost of collecting such amounts from Lessee hereunder, and (vi) any other sums of money or damages that may be owed to Lessor as the result of a default by Lessee or the exercise of Lessor’s rights at law or in equity.
X. Xxxxxx may terminate Lessee’s rights to occupy the leased premises without terminating this Lease. If Lessor elects to terminate Lessee’s right to occupy the leased premises, Lessee shall remain liable for the payment of the total rent due under this Lease for the remainder of the term of this Lease. In addition, Lessee shall be liable for and shall pay to Lessor, on demand, an amount equal to the costs described in subsection 11.02(a) above. Lessor may file suit to recover any sums falling due under the terms hereof from time to time, and no delivery to or recovery by Lessor of any portion of the sums due Lessor hereunder shall be a defense in any action to recover any amount not theretofore reduced to judgment and/or collected by Lessor. Lessor shall not be obligated to relet the leased premises before leasing other portions of the building, it being the intent of the parties that Lessee shall not be placed in a preferential position by reason of Lessee’s own default. Any sums received by Lessor through reletting shall reduce the sums owing by Lessee hereunder, but in no event shall Lessee be entitled to any excess of any sums obtained by reletting over and above the rent to be paid by Lessee under this Lease. In the alternative, Lessor may elect to immediately recover, as damages, a sum equal to the difference between (i) the total rent due under this Lease for the remainder of the Lease term and (ii) the then fair market rental value of the leased premises during such period, discounted to present value at a rate determined by Lessor, in its sole discretion (“Discounted Future Rent”). In such event, Lessor shall have no responsibility whatsoever to attempt to relet the leased premises or to apply any rentals received by Lessor as a result of any such reletting to Lessee’s obligations hereunder; and the aggregate amount of all damages due to Lessor, including the Discounted Future Rent, shall be immediately due and payable to Lessor upon demand.
A. Without declaring the Lease terminated, Lessor X. Xxxxxx may enter upon the leased premises and take do whatever Lessee is obligated to do under the terms of this Lease without terminating this Lease or terminating Lessee’s right to occupy the leased premises. In such event, Lessee shall reimburse Lessor on demand for any expenses which Lessor may incur in affecting compliance with Lessee’s obligations under this Lease, and Lessor shall not be liable for any damages resulting to Lessee from such action.
X. Xxxxxx may exercise all of the remedies available to Lessor at law or in equity, including, without limitation, injunctive relief of all varieties. The provisions of this Section 11.02 shall be enforceable to the maximum extent not prohibited by applicable law, and the unenforceability of any portion thereof shall not thereby render unenforceable any other portion. No act or thing done by Lessor or its agents during the Lease term shall be deemed to be an acceptance of an attempted surrender of the leased premises, and no agreement to accept the surrender of the leased premises shall be valid unless made in writing and signed by Lessor. No re-entry or taking possession of the Leased Premisesleased premises by Lessor (including a termination of Lessee’s right to occupy the leased premises or a reletting subsequent to such election) shall be construed as an election on Lessor’s part to terminate this Lease unless a written notice of such termination is given to Lessee. The failure of Lessor to insist at any time upon the strict performance of any covenant or agreement herein or to exercise any option, right, power, or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. No payment by picking Lessee or changing locks if necessaryreceipt by Lessor of a lesser amount than the amount then due under this Lease shall be deemed to be other than on account of the earliest obligation of Lessee due hereunder, nor shall endorsement or statement on any check or any letter accompanying any cheek or payment be deemed an accord and satisfaction. Lessor may accept any such check or payment without prejudice to Lessor’s right to recover the balance of such obligation of Lessee or pursue any other remedy provided in this Lease. All rights, privileges, and lock outremedies afforded Lessor by this Lease or by law shall be deemed cumulative, and the exercise of any one of such rights, privileges, or remedies shall not be deemed to be a waiver of any other right, privilege, or remedy provided for herein or granted by law or in equity, except as may otherwise be expressly provided pursuant to the terms of this Lease. In the event Lessor elects to terminate this Lease or terminate Lessee’s right to occupy the leased premises after a default by Lessee, Lessor may, without prejudice to any other remedy which Lessor may have, expel or remove Lessee and any other person who may be occupying all the leased premises or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liablethereof. In addition, upon termination Lessor may collect from Lessee change or alter the value of all future rentals required to be paid under this Lease from locks and other security devices on the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease doors to the contraryleased premises; and Lessee hereby waives, this Lease may be terminated under this section to the fullest extent allowed by Lessor only by mailing or delivering written law, any requirement that notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door the leased premises as to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide location of a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);to
Appears in 1 contract
Samples: Commercial Lease (Mathstar Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and Lessee fails to take possession of the leased premises on the commencement or completion date or otherwise defaults at any reasonable expenditures made by Lessor in order to relet time during the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision term of this Lease, the rent concessions, including any waived base rent, shall be canceled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Lessee agrees that no notice is required of any obligation to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or pay any other information, charge due and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor payable under this Lease (unless Lessor has terminated this Lease, in which event payment of all past including without limitation any sum due amounts do not obligate Lessor to provide a key);under section 2.
Appears in 1 contract
Samples: Commercial Lease (Learningstar Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence or existence of an Event of Default and at any event time thereafter: Lessor may take any action permitted by law to enforce the payment or performance of Lessee's obligations hereunder; Lessor may cure the default set forth and recover from Lessee as provided in Paragraph 29 below; Lessor may terminate this Lease, Lessor is entitled to pursue any one or more Lease by giving Lessee notice of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, termination; Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, Premises and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises Lessee, without being liable for so doing or for any claim for damagesaction taken by Lessor in so doing, and relet the Leased Premises on behalf of Lessee and receive the rent directly therefor. All the rights and remedies of Lessee created in this Lease are in addition to those otherwise created whether by reason law or agreement. All rights and remedies of Lessor are cumulative and may be exercised singly or concurrently. A waiver by Lessor of any Event of Default or any right or remedy on any occasion will not be a bar to the reletting; provided however, that exercise of any remedy on any subsequent occasion. Exercise by Lessor has no obligation of any right or remedy granted by this Lease or otherwise available to relet Lessor shall not be deemed to be an acceptance of surrender of the Leased Premises so as by Lessee, whether by agreement or by operation of law, any such surrender to mitigate be affected only by the amount written agreement of Lessor and Lessee. No termination of this Lease nor any action taken by Lessor upon the occurrence or existence of an Event of Default will relieve Lessee from liability for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason the payment of performance of any reletting of the Leased Premises; further121 Lessee's obligations under this Lease, and Lessor may enforce any such liability notwithstanding any termination. RECOVERY FROM LESSEE: Lessee agrees will be liable to reimburse Lessor for any reasonably expenditures made deficiency remaining should rents and other payments actually received by it in order Lessor from any new tenant upon a reletting pursuant to relet subparagraph (a)(iv) of Paragraph 28 be less than the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling Rents and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable other payments for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee which lessee is obligated to do under the terms of this Lease. All the rights and remedies of Lessee agrees created in this Lease are in addition to reimburse those otherwise created whether by law or agreement. All rights and remedies of Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, are cumulative and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all exercised singly or concurrently. A waiver by Lessor of any Event of Default or any part right or remedy on any occasion will not be a bar to the exercise of any remedy on any subsequent occasion. Exercise by Lessor of any right or remedy granted by this Lease or otherwise available to Lessor shall not be deemed to be an acceptance of surrender of the Leased Premises by Lessee, whether by agreement or by operation of law, any such surrender to be affected only by the written agreement of Lessor and Lessee. If it is necessary for Lessor to bring suit in order to collect any deficiency from Lessee, Lessor may allow such deficiencies to accumulate and bring an action on several or all of the accrued deficiencies at any one time. Any such suit will be without being liable prejudice to the right of Lessor to bring a similar action for any claim subsequent deficiency or deficiencies. Any amount collected by Lessor from subsequent tenants for damages. any calendar month in excess of the monthly Rent and other charges provided in this Lease shall be credited to Lessee agrees to pay on demand in reduction of Lessee's liability for any calendar month for which the amount of all loss and damage which collected by Lessor may suffer by reason be less than the monthly Rent and other charges provided in this Lease. If Lessee fails to keep or perform punctually any of Lessee's covenants, agreements or undertakings contained in this Lease, Lessor may take such action as, in the termination judgment of this Lease under this SectionLessor, including without limitation, loss and damage due necessary to the cure such failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwiseore nonperformance, and any reasonable expenditures made Lessee shall, upon demand, reimburse Lessor for all costs and expenses incurred by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liabledoing. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent No action taken by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease subparagraph (unless d) will be a waiver of any Event of Default which may have occurred or exist or any right or remedies to which Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);is otherwise entitled.
Appears in 1 contract
Samples: Lease Agreement (Tatonka Energy Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);remedy
Appears in 1 contract
Samples: Standard Commercial Lease (Paysys International Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon In the occurrence of any event of Lessee's default set forth in this or breach of the Lease, Lessor may terminate Lessee's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Lessor this Lease shall terminate on the date specified by Lessor in such notice and Lessee shall immediately surrender possession of the Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment of the Premises by Lessee, Lessor may consider any personal property belonging to Lessee and left on the Premises to also have been abandoned. No re-entry or taking possession of the Premises by Lessor pursuant to this Paragraph 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Lessee. If Lessor relets the Premises or any portion thereof, (i) Lessee shall be liable immediately to Lessor for all costs Lessor incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs and (ii) the rent received by Lessor from such reletting shall be applied to the payment of, first, any indebtedness from Lessee to Lessor other than Base Rent, Increases in Operating Expenses, Increases in Tax Expenses, Increases in Common Area Utility Costs, the Trash and Water Charge and Utility Expenses; second, all costs including maintenance, incurred by Lessor in reletting; and, third, Base Rent, Increases in Operating Expenses, Increases in Tax Expenses, Increases in Common Area Utility Costs, the Trash and Water Charge and Utility Expenses due under this Lease. After deducting the payments referred to above, any sum remaining from the rental Lessor receives from reletting shall be held by Lessor and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Lessee be entitled to pursue any one excess rent received by Lessor. Reletting may be for a period shorter or more longer than the remaining term of this Lease. No act by Lessor other than giving written notice to Lessee shall terminate this Lease. Acts of maintenance, efforts to relet the remedies set forth herein without any notice Premises or demand.
A. Without declaring the appointment of a receiver on Lessor's initiative to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to possession. So long as this Lease is not terminated, Lessor may enter upon shall have the right to remedy any default of Lessee, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and take possession new or existing subleases and to add to the Rent payable hereunder all of Lessor's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. If Lessee breaches this Lease and abandons the property before the end of the Leased Premisesterm, or if Lessee's right to possession is terminated by picking Lessor because of a breach or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part default of the Leased Premises without being liable for any claim for damagesLease, and relet the Leased Premises on behalf then in either such case, Lessor may recover from Lessee all damages suffered by Lessor as a result of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation Lessee's failure to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesperform its obligations hereunder, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for cost of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconducttenant improvements, and do whatever Lessee is obligated to do under all costs Lessor incurs in reletting the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionthereof, including without limitation, brokerage or leasing commissions, expenses of cleaning, redecorating, and further improving the Premises and like costs, and the worth at the time of the award (computed in accordance with paragraph (3) of Subdivision (a) of Section 1951.2 of the California Civil Code) of the amount by which the Rent then unpaid hereunder for the balance of the Lease term exceeds the amount of such loss of Rent for the same period which Lessee proves could be reasonably avoided by Lessor and damage due in such case, Lessor prior to the award, may relet the Premises for the purpose of mitigating damages suffered by Lessor because of Lessee's failure to perform its obligations hereunder; provided, however, that even though Lessee has abandoned the Premises following such breach, this Lease shall nevertheless continue in full force and effect for as long as Lessor does not terminate Lessee's right of possession, and until such termination, Lessor shall have the remedy described in Section 1951.4 of the California Civil Code (Lessor may continue this Lease in effect after Lessee's breach and abandonment and recover Rent as it becomes due, if Lessee has the right to sublet or assign, subject only to reasonable limitations) and may enforce all its rights and remedies under this Lease, including the right to recover the Rent from Lessee as it becomes due hereunder. The "worth at the time of the award" within the meaning of Subparagraphs (a)(1) and (a)(2) of Section 1951.2 of the California Civil Code shall be computed by allowing interest at the rate of ten percent (10%) per annum. Lessee waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, in the event Lessee is evicted or Lessor takes possession of the Premises by reason of any default of Lessee hereunder. The foregoing rights and remedies of Lessor are not exclusive; they are cumulative in addition to maintain any rights and remedies now or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor hereafter existing at law, in equity by statute or otherwise, or to any equitable remedies Lessor may have, and to any reasonable expenditures made remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generally. In addition to all remedies set forth above, if Lessee defaults or otherwise breaches this Lease, any and all Base Rent waived by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent Paragraph 3 above shall The waiver by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing of any default or delivering written notice breach of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to Lease shall not be posted by Lessor on any door to the Leased Premises (deemed or elsewhere) disclosing the reason for such action or construed a waiver of any other information, and that Lessor is not obligated to provide a key to the changed lock to breach or default by Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated hereunder or of any subsequent breach or default of this Lease, except for the default specified in which event payment of all past due amounts do not obligate Lessor to provide a key);the waiver.
Appears in 1 contract
Samples: Lease Agreement (Bikers Dream Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated remedy set forth in this Lease, in which the event payment Lessor has made rent concessions of all past due amounts do not obligate Lessor any type or character, or waived any base rent, and Lessee fails to provide a key);take possession of the leased premises on the commencement or completion date or otherwise defaults at
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.being
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing the locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligenceand, recklessness or willful misconductacting reasonable, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx , (3) Lessee may terminate this Lease, Lease in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, leased premises by picking or changing locks if necessary, necessary and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise, and . A rent concession or waiver of the base rent shall not relieve Lessee of any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid pay any other charge due and payable under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letincluding without limitation any sum due under Section 2.02. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, as provided herein and no other act or omission of Lessor constitutes shall be construed as a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
Samples: Standard Office Lease (Vialog Corp)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, further Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and Lessee fails to take possession of the leased premises on the commencement or completion date or otherwise defaults at any reasonable expenditures made by Lessor in order to relet time during the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision term of this Lease, the rent concessions, including any waived base rent, shall be cancelled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Lessee agrees that no notice is required of any obligation to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or pay any other information, charge due and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor payable under this Lease (unless Lessor has terminated this Lease, in which event payment of all past including without limitation any sum due amounts do not obligate Lessor to provide a key);under section 2.
Appears in 1 contract
Samples: Standard Commercial Lease (Styrochem International LTD)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this LeaseLease and Lessee’s failure to cure such default within the applicable cure period set out in section 11.03 below, Lessor is entitled shall have the option to pursue any one or of more of the remedies set forth herein without any notice or demand.
A. Without declaring demand (1) to the Lease terminatedextent permitted by applicable law, Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of the Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably commercially reasonable expenditures made by it in order to relet the Leased Premisesleased premises, after utilizing commercially reasonable efforts to relet, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for ; (2) perform any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever act Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any commercially reasonable expenses which Lessor may incur in effecting compliance with Lessee's ’s obligations under this Lease.
X. Xxxxxx ; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee’s obligations under this Lease caused by the negligence of Lessor; (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, and to the extent permitted by applicable law, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer leased premises, by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and Lessee fails to take possession of the leased premises on the commencement date or otherwise defaults at any reasonable expenditures made by Lessor in order to relet time during the Leased Premisesterm of this Lease, includingthe rent concessions, but including any waived base rent, shall be canceled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no relieve Lessee of any obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid pay any other charge due and payable under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letincluding without limitation any sum due under section 2.03. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes shall be construed as a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand.:
A. Without declaring (a) Terminate this Lease, in which event Lessee shall immediately surrender the Lease terminatedleased premises to Lessor, and if Lessee fails to surrender the leased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel, or remove Lessee and any other person who may be occupying all or any part of the leased premises without being liable for prosecution of any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of the Lease under this subparagraph, whether through inability to relet the leased premises on satisfactory terms or otherwise.
(b) Enter upon and take possession of the leased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, damages and relet the Leased Premises leased premises on behalf of Lessee and receive directly the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it for remodeling or repairing in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costsleased premises.
B. Without declaring the Lease terminated, Lessor may enter (c) Enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for prosecution of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Leasefurther, Lessee agrees that no notice is required to Lessor shall not be posted by Lessor on liable for any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock damages resulting to Lessee unless Lessee has first:
1. brought current all payments due to Lessor from effecting compliance with Lessee's obligations under this Lease (unless subparagraph caused by the negligence of Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);or otherwise.
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon In the occurrence of any event of Lessee's default set forth in this or breach of the Lease, Lessor is entitled may terminate Lessee's right to pursue any one or more possession of the remedies set forth herein without Premises by any lawful means in which case upon delivery of written notice by Lessor this Lease shall terminate on the date specified by Lessor in such notice and Lessee shall immediately surrender possession of the Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry whether or demand.
A. Without declaring not this Lease is terminated, and if this right of re-entry is exercised following abandonment of the Lease terminatedPremises by Lessee, Lessor may enter upon consider any personal property belonging to Lessee and take left on the Premises to also have been abandoned. No re-entry or taking possession of the Leased PremisesPremises by Lessor pursuant to this Paragraph 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Lessee. If Lessor relets the Premises or any portion thereof, by picking or changing locks if necessary, and lock out, expel or remove (i) Lessee and any other person who may shall be occupying liable immediately to Lessor for all costs Lessor incurs in reletting the Premises or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesthereof, including, but not limited towithout limitation, leasing broker's commissions, lease incentivesexpenses of cleaning, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconductredecorating, and do whatever further improving the Premises and other similar costs, and (ii) the rent received by Lessor from such reletting shall be applied to the payment of, first, any indebtedness from Lessee is obligated to do Lessor other than Base Rent, Increases in Operating Expenses, Increases in Tax Expenses, Increases in Common Area Utility Costs, the Trash and Water Charge and Utility Expenses; second, all costs including maintenance, incurred by Lessor in reletting; and, third, Base Rent, Increases in Operating Expenses, Increases in Tax Expenses, Increases in Common Area Utility Costs, the Trash and Water Charge and Utility Expenses due under this Lease. After deducting the terms payments referred to above, any sum remaining from the rental Lessor receives from reletting shall be held by Lessor and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Lessee be entitled to any excess rent received by Lessor. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Lessor other than giving written notice to Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Lessor's initiative to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to possession. So long as this Lease is not terminated, Lessor shall have the right to remedy any default of Lessee, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Lessor's reasonable costs in which event so doing, with interest at the maximum rate permitted by law from the date of such expenditure. If Lessee shall immediately surrender breaches this Lease and abandons the Leased Premises property before the end of the term, or if Lessee's right to Lessorpossession is terminated by Lessor because of a breach or default of the Lease, and if Lessee fails to surrender the Leased Premisesthen in either such case, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
Samples: Lease Agreement (Bikers Dream Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damagesdamages of any kind, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premises, by picking or changing the locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks locks, if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this the Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and any reasonable expenditures made by Lessor in order Lessee fails to relet take possession of the Leased PremisesPremises on the commencement date or otherwise defaults at any time during the terms of this Lease, the rent concessions, including any waived base rent, shall be canceled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Lessee of any obligation to pay any other charge due and payable under this Lease, including, but not limited towithout limitation, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid any sum due under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letSection 2.02. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes shall be construed to be a termination of this Lease. The Lessor shall take reasonable steps to mitigate damages from any default.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
Samples: Commercial Lease (Equity Inns Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, . Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein (to the extent they are in accordance with Colorado law) without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.by
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises LEASED PREMISES to Lessor, Lessor and if Lessee fails to surrender the Leased PremisesLEASED PREMISES, Lessor may, without prejudice to any other remedy which it may any have for possession or of arrearages in rent, enter upon and take possession of the Leased PremisesLEASED PREMISES, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who who; may be occupying all or any part of the Leased Premises LEASED PREMISES without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the upon satisfactory terms or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type of character, or waived any base rent, and Lesee fails to take possession of the Leased Premises on terms satisfactory to Lessor the commencement or otherwisecompletion date or otherwise defaults at any time during the term of this Lease, the rent concessions including any waived base rent, shall be cancelled and the amount of the base rent or other rent concessions shall be due and payable immediately as is no rent concessions or waiver of any reasonable expenditures made by Lessor in order to relet base rent had ever been granted. A rent concession or waiver of the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no base rent shall nor relieve Lessee of any obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid pay any other charge due and payable under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letincluding without limitation any sum due under Section 2.02. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or actor omission of Lessor constitutes shall be construed as a termination of this Leaselease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one (1) or more of the remedies set forth herein without any notice or demand.:
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent rental directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to shall reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages arrearage in base rent and/or additional rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this SectionSection 11.02, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has provided to Lessee any rent concessions of any type or character, or waived any base rent and/or additional rent, and any reasonable expenditures made by Lessor in order Lessee fails to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet take possession of the Leased Premises so as to mitigate on the Commencement Date or Completion Date or otherwise defaults at any time during the term of this Lease, the rent concessions, including any waived base rent and/or additional rent, shall be cancelled and the amount for which of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent and/or additional rent or other rent concessions had ever been granted. A rent concession or waiver of base rent and/or additional rent shall not relieve Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required any obligation to be paid pay any other charge due and payable under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letincluding without limitation any sum due under section 2.03. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes shall be construed as a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. (a) Upon the occurrence of any event of such events of default set forth described in this Leaseparagraph 20 hereof, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demanddemand whatsoever.
A. Without declaring the (i) Terminate this Lease terminated, Lessor may enter upon and take possession by giving written notice of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation such termination to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises premises to Lessor, and if Lessee fails to surrender the Leased Premisesdo so, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages arrearage in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, premises and lock out, expel or remove Lessee and any other person who may be occupying all such premises or any part thereof, or may recover possession under and by virtue of the Leased Premises laws of the State of Georgia, without being liable for prosecution or any claim for damages. of damages therefor and Lessee agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsuch termination, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased premises on satisfactory terms or otherwise.
(ii) Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease without having paid the full rental for the remainder of such term, Lessor shall have the option to relet the Demised Premises for such rent and upon such terms as are reasonable under the circumstances and , if the full rental reserved under this Lease (and any of the costs, expenses or damages indicated below) shall not be realized by Lessor, Lessee shall be liable for all damages sustained by Lessor, including, without limitation, deficiency in rent, reasonable attorney's fees, brokerage fees and expenses of placing the Demised premises in first class rentable condition. Lessor, in putting the Demised Premises in good order or preparing the same for re-rental may, at Lessor's option, make such alterations, repairs, or replacements in the Demised Premises as Lessor, in its sole judgment, considers advisable and necessary for the purpose of reletting the Demised Premises, and the making of such alterations, repairs, or replacements shall in no event be liable in any way whatsoever for failure to relet the Demised Premises, or in the event that the Demised Premises are relet, for failure to collect the rent under such reletting, and in no event shall Lessee be entitled to receive the excess, if any, of such net rent collected over the sums payable to Lessee to Lessors hereunder.
(iii) Enter upon the premises and do whatever Lessee is obligated to do under the terms of this Lease and Lessee agrees to reimburse Lessor on terms satisfactory demand for any expenses which Lessor may incur in thus effecting compliance with Lessee's obligations under this Lease, and Lessee further agrees that Lessor shall not be liable for any damages resulting to the Lessee from such action, whether caused by the negligence of Lessor or otherwise, and .
(b) Nothing contained herein shall prevent the enforcement of any reasonable expenditures made by claim Lessor in order to relet may have against Lessee for anticipatory breach of the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liableunexpired term of this Lease. In additionthe event of a breach or anticipatory breach by Lessee of any of the covenants or provision hereof, upon termination Lessor may collect from Lessee shall have the value right of all future rentals required injunction and the right to be paid under this Lease from the date Lessor terminates the Lease until the original termination date invoke any remedy allowed at law or in accordance with applicable law less amounts collected equity as rent by Lessor if the Leased Premises are re-letreentry, summary proceedings and other remedies were not provided for herein. Notwithstanding anything contained Mention in this Lease of any particular remedy shall not preclude Lessor from any other remedy, in law or in equity. Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of the Demised Premises, by reason of the violation by Lessee of any of the covenants and conditions of this Lease, or otherwise.
(c) Lessor shall have a lien upon the personal property of Lessee moved in to the contraryDemised Premises, as and for security for the rent and other obligations of Lessee herein provided. In order to perfect and enforce said lien, Lessor may, at any time after default by Lessee in the payment of rent or default of other obligations to be performed or complied with by Lessee under this Lease Lease, seize and take possession of any and all personal property belonging to Lessee which is found in and upon the Demised Premises. If Lessee fails to redeem the personal property so seized, by payment of whatever sum may be terminated due Lessor under and by virtue of the provisions of this section Lease, then and in that event, Lessor shall have the right, after twenty (20) days written notice to Lessee of its intention to do so, to sell such personal property so seized at public or private sale and upon such terms and conditions as to Lessor may appear advantageous, and after the payment of all proper charges incident to such sale, apply the proceeds thereof to the payment of any balance due to Lessor on account of rent or other obligations of Lessee pursuant to this Lease. In the event there shall then remain in the hands of Lessor any balance realized from the sale of said personal property as aforesaid, the same shall be paid over to Lessee. The exercise of the foregoing remedy by Lessor only by mailing shall not relieve or delivering written notice of such termination discharge Lessee from any deficiency owed to Lessee, and no Lessor which Lessor has the right to enforce pursuant to any other act or omission of Lessor constitutes a termination provision of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
Samples: Lease Agreement (Colorocs Information Technologies Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled to pursue any one or more of the remedies set forth herein without at any time following such event or events of default without, except to the extent otherwise provided, any notice or demanddemand to Lessee or any other person or entity or lender.
A. (a) Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock outsubject to compliance with Kansas law, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damagesPremises, and relet the Leased Premises on behalf of Lessee and receive the rent Rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. (b) Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconductsubject to compliance with Kansas law, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's ’s obligations under this Lease; further, Lessee agrees that Lessor is not liable for any damages resulting to Lessee from effecting compliance with Lessee’s obligations under this Lease except those caused by the negligence of Lessor.
X. Xxxxxx (c) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased PremisesPremises to Lessor, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages arrearage in rentRent, after complying with applicable Kansas law, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock outlockout, and expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damagesPremises. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this SectionArticle 10, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-lethereunder. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. . In no event shall Lessor have the event that Lessor exercises its remedy right to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under terminate this Lease (upon an event of default unless Lessor has terminated this Leaseprovided, in which the event payment Lessee has not cured any such event of all past due amounts do not obligate Lessor default after notice, Lessee shall fail to provide cure the same within fifteen (15) business days after receipt by Lessee of such second notice from Lessor. Notwithstanding the foregoing, Lessor’s damages shall be limited to actual damages, and under no circumstance shall Lessee be liable for consequential or punitive damages.
(d) Lessee may cure defaults and bring this Lease to a key);current condition by tender of performance any time prior to termination of this Lease by Lessor.
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for to- damages, except for damages arising from Lessor's negligenceand, recklessness or willful misconductacting reasonable, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's ’s obligations under this Lease.
X. Xxxxxx , (3) Lessee may terminate this Lease, Lease in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, leased premises by picking or changing locks if necessary, necessary and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise, and . A rent concession or waiver of the base rent shall not relieve Lessee of any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid pay any other charge due and payable under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letincluding without limitation any sum due under Section 2.02. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, as provided herein and no other act or omission of Lessor constitutes shall be construed as a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this LeaseLease Agreement, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand.:
A. Without declaring (a) Terminate this Lease, in which event Lessee shall immediately surrender the Lease terminatedlease premises to Lessor, and if Lessee fails to surrender the leased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for prosecution of any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of the Lease under this subparagraph, whether though inability to relet the leased premises on satisfactory terms or otherwise.
(b) Enter upon and take possession of the leased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the leased premises without being liable for prosecution of any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive directly the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; leased premises, further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it for remodeling or repairing in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costsleased premises.
B. Without declaring the Lease terminated, Lessor may enter (c) Enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for prosecution of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Leasefurther, Lessee agrees that no notice is required to Lessor shall not be posted by Lessor on liable for any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock damages resulting to Lessee unless Lessee has first:
1. brought current all payments due to Lessor from effecting compliance with Lessee's obligations under this Lease (unless subparagraph, caused by the negligence of Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);or otherwise.
Appears in 1 contract
Samples: Lease Agreement (AutoWeb, Inc.)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. (1) Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. (2) Without declaring the Lease terminated, Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises leased premises as required hereunder and/or due to the inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date, discounted to present value using a discount rate of six percent (6%), less the reasonable market value of the leased premises in the specific area in which the leased premises are located on the date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letof termination. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes shall be construed as a termination of this Lease.
D. (4) In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is shall be required to be posted by Lessor on any door to the Leased Premises leased premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is shall not be obligated to provide a key to the changed lock to Lessee unless Lessee has shall have first:
1. (I) brought current all payments due to Lessor under this Lease (unless Lessor has permanently repossessed the leased premises or terminated this Lease, in which event payment of all past due amounts do shall not obligate Lessor to provide a key);
(II) fully cured and remedied to Lessor's satisfaction all other defaults of Lessee under this Lease (unless Lessee has abandoned or vacated the leased premises, in which event Lessor shall not be obligated to provide the new key to Lessee under any circumstances) and;
(III) provided Lessor with additional security deposit and assurances satisfactory to Lessor that Lessee intends to and is able to meet and comply with its future obligations under this Lease, both monetary and nonmonetary. Lessor may, upon written request by Lessee, at Lessor's convenience and upon Lessee's execution and delivery of such waivers and indemnifications as Lessor may require at Lessor's option either:
(i) escort Lessee or its specifically authorized employees or agents to the leased premises to retrieve personal belongings of Lessee's employees and property of Lessee that is not subject to a Security Interest provided in this Lease, or
(ii) obtain from Lessee a list of such property and arrange for such items to be removed from the leased premises and made available to Lessee at such place at such time as Lessor may designate, provided however, that if Lessor elects option (ii), then Lessee shall be required to pay in cash in advance to Lessor the estimated cost that Lessor may incur upon moving and storage charges theretofore incurred by Lessor with respect to such property. THE PROVISIONS OF THIS ARTICLE ARE INTENDED TO OVERRIDE AND SUPERSEDE ANY CONFLICTING PROVISIONS OF THE TEXAS PROPERTY CODE AND ANY AMENDMENTS OR SUCCESSOR STATUTES THERETO, AND OF ANY OTHER LAW, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW.
(5) Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and Lessee fails to take possession of the leased premises on the commencement or completion date or otherwise defaults at any time during the term of this Lease, the rent concessions, including any waived base rent, shall be canceled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Lessee of any obligation to pay any other charge due and payable under this Lease including without limitation any sum due under section 2.02.
(6) In the event Lessor exercises any of its rights provided herein and Lessee subsequently cures such default, Lessor shall be entitled to receive a service charge of $500.00 from the Lessee for its time and expense, in addition to any other amounts owed hereunder, prior to allowing the Lessee to reenter and reoccupy the premises.
Appears in 1 contract
Samples: Commercial Lease (Techdyne Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand.:
A. Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate (a) Terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages arrearage in rent, enter upon and take possession of the Leased Premises, and lock out, expel, or remove Lessee and any other person who may be occupying all or any part of the Lease Premises without being liable for prosecution or any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by picking reason of termination of the Lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or changing locks if necessaryotherwise.
(b) enter upon and take possession of the Leased Premises, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for any claim for damages, and relet the Leased Premises on behalf of the Lessee and receive directly the rent by reason of the reletting. Lessee agrees to pay Lessor on demand the amount of all loss and damage which Lessor any deficiency that may suffer arise by reason of the termination any reletting of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due Premises; further, Lessee agrees to the inability to relet the Leased Premises on terms satisfactory to reimburse Lessor or otherwise, and for any reasonable 93) expenditures made by Lessor it for remodeling or repairing in order to relet the Leased Premises.
(c) Enter upon the Leased Premises, including, but not limited to, leasing commissions, lease incentiveswithout being liable for prosecution of any claim for damages, and remodeling do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand of any expenses which Lessor may reasonably incur in effecting compliance with Lessee's obligations under this Lease; further; Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this subparagraph.
(d) Declare to be due and repair costspayable immediately the entire amount of the unpaid total rental for the balance of the term of the Lease and other sums which would become due and payable during the remainder of the term, discounted to the present value by using a discount rate equal to ten percent (10%) annually. Upon such acceleration of such amounts, Lessee agrees to pay the same at once, together with the total rental and other amount theretofore due, at Lessor's address as provided herein; provided provided, however, that Lessor will have no obligation such payment shall not constitute a penalty or forfeiture but shall constitute liquidated damages for Lessee's failure to relet comply with the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, terms and no other act or omission of Lessor constitutes a termination provisions of this Lease.
D. In (1) after ten (10) days written notice to Lessee. Notwithstanding the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Leaseforegoing, Lessee agrees that no shall only be entitled to written notice is required of Lessor's failure to receive any installment due, two (2) times during each lease year. (1a) or if such default cannot be posted cured within said thirty (30) day period, then such longer period as may be reasonably necessary provided Lessee diligently and continuously pursues such cure (2) and does not have such lien removed within thirty (30) days after written notice of the existence of said lien by Lessor on to Lessee (3) reasonable (4) Notwithstanding any door other language continued in this paragraph 23 or elsewhere in this lease to the Leased Premises contrary, it is understood and agreed that should an event of default occur within the initial sixty (60) months of the term hereof and as a result Lessor elects to proceed under any of the remedies provided for in subparagraphs 23 (a0 (b) (c) or elsewhere(d) disclosing the reason for such action or any other informationremedy provided for by law or in equity, this lease shall be deemed to be for sixty (60) months ending September 30, 1998. Lessee's obligations with respect to any such event of default shall be limited to only those remedies, and that Lessor is not obligated damages relating to provide a key to and/or rental amounts becoming due during the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment initial sixty 960) months of all past due amounts do not obligate Lessor to provide a key);the term hereof.
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled to pursue any one or more of the remedies set forth herein without any notice or demand.
A. (1) Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet relent the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liablerelenting. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting relenting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet relent the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. (2) Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor will not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate termi1ate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet relent the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet relent the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letlaw. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. (4) In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. (I) brought current all payments due to Lessor under this Lease (unless Lessor has permanently repossessed the Leased Premises or terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
(II) fully cured and remedied to Lessor's satisfaction all other defaults of Lessee under this Lease (unless Lessee has abandoned or vacated the Leased Premises, in which event Lessor is not obligated to provide the new key to Lessee under any circumstances); and
(III) provided Lessor with additional security deposit and assurances satisfactory to Lessor that Lessee intends to and is able to meet and comply with its future obligations under this Lease, both monetary and no monetary. Lessor may, upon written request by Lessee, at Lessor's convenience, upon receipt by Lessor of an amount necessary to reimburse itself for time and expense in providing such service, and upon Lessee's execution and delivery of such waivers and indemnities as Lessor may require at Lessor's option either:
(i) escort Lessee or its specifically authorized employees or agents to the Leased Premises to retrieve personal belongings of Lessee's employees and property of Lessee that is not subject to a Security Interest provided in this Lease; or
(ii) obtain from Lessee a list of such property and arrange for such items to be removed from the Leased Premises and made available to Lessee at such place at such time as Lessor may designate, provided however, that if Lessor elects option (ii), then Lessee shall pay Lessor in cash in advance, the estimated costs that Lessor may incur upon moving and storage charges theretofore incurred by Lessor with respect to such property. THE PROVISIONS OF THIS ARTICLE ARE INTENDED TO OVERRIDE AND SUPERSEDE ANY CONFLICTING PROVISIONS OF THE TEXAS PROPERTY CODE AND ANY AMENDMENTS OR SUCCESSOR STATUTES THERETO, AND OF ANY OTHER LAW, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW.
(5) Notwithstanding any other remedy set forth in this Lease, if Lessor has made rent concessions of any type or character, or waived any base rent (i.e. given free rent), and Lessee fails to take possession of the Leased Premises on the Commencement Date or otherwise defaults at any time during the term of this Lease, the rent concessions, including any waived base rent, are canceled and the amount of the base rent or other rent concessions are due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent will not relieve Lessee of any obligation to pay any other charge due and payable under this Lease including without limitation any sums due under Section 2.02 or 2.03 herein.
(6) If Lessor exercises any of its rights provided herein and Lessee subsequently cures such default, Lessor is entitled to receive a service charge of $500.00 from Lessee for its time and expense, in addition to any other amounts owed hereunder, prior to allowing the Lessee to reenter and reoccupy the Leased Premises.
(7) Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or dispossessed for any cause, or in the event of Lessor obtaining possession of the Leased Premises by reason of the violation by Lessee of any of the covenants and conditions of this Lease or otherwise. The rights given to Lessor herein are in addition to any rights that may be given to Lessor by any statute or otherwise.
Appears in 1 contract
Samples: Commercial Lease (American Caresouce Holdings, Inc.)
REMEDIES FOR LESSEE'S DEFAULT. Upon In the occurrence event of any event default or breach of default this Lease Agreement by the Lessee as set forth in Section 19 hereof, the Lessor, at its option (x) may terminate this LeaseLease Agreement upon and by giving written notice of termination to the Lessee; or (y) without terminating this Lease Agreement, may at any time after such default or breach and without notice or demand in addition to that provided in Section 19 hereof, and without limiting the Lessor is entitled to pursue in the exercise of any other right or remedy which the Lessor may have by reason of such default or breach (other than the aforesaid right of termination), exercise any one or more of the remedies set forth hereinafter provided in this Section or as otherwise proved by law, all of such remedies (whether provided herein without or by law) being cumulative and not exclusive:
A. The Lessor may perform for the account of the Lessee any notice defaulted term or demandcovenant that the Lessee failed to observe or perform, and recover as rent from the Lessee any expenditure made by the Lessor and, if the Lessor does so, the Lessor shall be entitled to recover from the Lessee as additionalrent anyreasonable expenditure made and the amount of any reasonableobligations incurred in connection therewith.
A. Without declaring the Lease terminated, B. The Lessor may enter upon and take possession of the Leased PremisesCore Business Equipment and the Lessor may (i) collect as additional rent reasonable attorneys' fees, by picking or changing locks if necessary, costs and lock out, expel or remove Lessee expenses that the Lessor may havereasonably incurred in connection with such repossession and (ii) at any other person who may be occupying all time and from time to time relet the Core Business Equipment or any part thereof for the account of the Leased Premises without being liable Lessee, for any claim such terms, upon such conditions and at such rental as the Lessor may reasonablydeem proper. In the event of such reletting, the Lessor shall receive and collect the rent therefrom and shall first apply such rent against such expenses as the Lessor may have reasonablyincurred in recovering possession of the Core Business Equipment, placing the same in good order and condition, altering or repairing the same for damagesreletting, and relet such other expenses, commissions and charges, including attorney's fees, costs and expenses that the Leased Premises on behalf Lessor may have reasonably paid or incurred in connection with such repossession and reletting, and then shall apply the remaining balance of Lessee such rent against the accelerated rent, and receive the rent directly by reason of Lessor may execute any lease in connection with such reletting in the reletting; provided howeverLessor's name or in the Lessee's name, that as the Lessor has no obligation to relet may see fit. Notwithstanding the Leased Premises so as to mitigate foregoing, in the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason event of any reletting default or breach of this Lease Agreement by the Leased Premises; furtherLessee, Lessee agrees the Lessor will promptly undertake such steps as may be reasonable and prudent under the circumstances to reimburse minimize and mitigate damages suffered by the Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesas a result thereof, including, but not limited to, leasing commissions, lease incentives, remodeling undertaking such steps as may be reasonable and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do prudent under the terms of this Lease. Lessee agrees circumstances to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability attempt to relet the Leased Premises Core Business Equipment or portions thereof as promptly as reasonably possible on market rental terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Leaseat market rental rates then.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
Samples: Lease Agreement (Rubber Technology International Inc /Nv)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand whatsoever:
(a) Lessor may terminate this Lease. If Lessor elects to terminate this Lease, then Lessee shall immediately surrender the leased premises to Lessor and shall be liable for and shall pay to Lessor the sum of all rent and other indebtedness accrued to the date of such termination plus, as damages, an amount equal to the total of (i) the reasonable cost of recovering the leased premises, (ii) the reasonable cost of removing and storing Lessee's and other occupants' property located therein, (iii) the reasonable cost of reletting the leased premises, or a portion thereof, whether or not accomplished in one or more phases (including, without limitation, brokerage commissions), (iv) the reasonable cost of repairs to the leased premises, (v) the reasonable cost of collecting such amounts from Lessee hereunder, and (vi) any other reasonable sums of money or damages that may be owed to Lessor as the result of a default by Lessee or the exercise of Lessor's rights at law or in equity.
(b) Lessor may terminate Lessee's rights to occupy the leased premises without terminating this Lease. If Lessor elects to terminate Lessee's right to occupy the leased premises, Lessee shall remain liable for the payment of the total rent due under this Lease for the remainder of the term of this Lease. In addition, Lessee shall be liable for and shall pay to Lessor, on demand, an amount equal to the costs described in subsection 11.02(a) above. Lessor may file suit to recover any sums falling due under the terms hereof from time to time, and unless otherwise agreed no delivery to or recovery by Lessor of any portion of the sums due Lessor hereunder shall be a defense in any action to recover any amount not theretofore reduced to judgment and/or collected by Lessor. Lessor shall not be obligated to relet the leased premises before leasing other portions of the building, it being the intent of the parties that Lessee shall not be placed in a preferential position by reason of Lessee's own default. Any sums received by Lessor through reletting shall reduce the sums owing by Lessee hereunder, but in no event shall Lessee be entitled to any excess of any sums obtained by reletting over and above the rent to be paid by Lessee under this Lease. In the alternative, Lessor may elect to immediately recover, as damages, a sum equal to the difference between (i) the total rent due under this Lease for the remainder of the Lease term and (ii) the then fair market rental value of the leased premises during such period, discounted to present value at a commercially reasonable rate ("Discounted Future Rent"). In such event, Lessor shall have no responsibility whatsoever to attempt to relet the leased premises or to apply any rentals received by Lessor as a result of any such reletting to Lessee's obligations hereunder; and the aggregate amount of all damages due to Lessor, including the Discounted Future Rent, shall be immediately due and payable to Lessor upon demand.
A. Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (c) Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, leased premises and do whatever Lessee is obligated to do under the terms of this LeaseLease without terminating this Lease or terminating Lessee's right to occupy the leased premises. In such event, Lessee agrees to shall reimburse Lessor on within ten (10) days after receipt of written demand for any expenses which Lessor may incur in effecting affecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may shall not be occupying all or any part of the Leased Premises without being liable for any claim for damages. damages resulting to Lessee agrees from such action other than and to pay on demand the amount extent of all loss and damage which damages caused by the gross negligence or wilful misconduct of Lessor.
(d) Lessor may suffer by reason exercise all of the termination of this Lease under this Sectionremedies available to Lessor at law or in equity, including including, without limitation, loss and damage due injunctive relief of all varieties. The provisions of this Section 11.02 shall be enforceable to the failure maximum extent not prohibited by applicable law, and the unenforceability of Lessee to maintain and any portion thereof shall not thereby render unenforceable any other portion. No act or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to thing done by Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet its agents during the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required Lease term shall be deemed to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice an acceptance of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);an
Appears in 1 contract
Samples: Commercial Lease (Intelect Communications Systems LTD)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled LESSOR shall have the option, in its sole discretion, to pursue any one or more of the following remedies set forth herein without per any notice or demand.demand to LESSEE pursuant to Wyoming state eviction laws:
A. Without declaring a. Terminate this Lease, in which event XXXXXX shall surrender the Lease terminatedProperty to LESSOR and, Lessor may enter upon if XXXXXX fails to surrender the Property, XXXXXX may, pursue and take possession of the Leased Premisesall remedies at law or equity to remove XXXXXX and, by picking or changing locks if necessaryexcept as otherwise provided in this Lease, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises Property. LESSEE agrees to pay upon demand the amount of all loss and damage, which XXXXXX may suffer, limited to the intended use of the Leased Property in this Lease.
b. Enter upon and take possession of the Leased Property, without being liable liability for any claim for damages, and relet re-rent the Leased Premises Property on behalf of Lessee LESSEE and receive directly the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liablere-renting. Lessee LESSEE agrees to pay Lessor XXXXXX on demand any deficiency that may arise by reason of any reletting re- renting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costsProperty.
B. Without declaring the Lease terminated, Lessor may enter c. Enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconductProperty as described above, and do whatever Lessee LESSEE is obligated to do under the terms of this Lease. Lessee LESSEE agrees to reimburse Lessor LESSOR on demand for any expenses which Lessor that LESSOR may incur in effecting compliance with Lessee's LESSEE'S obligations under this Lease.
X. Xxxxxx may terminate this Lease. Further, in which event Lessee LESSEE agrees that LESSOR shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may not be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees damages resulting to pay on demand LESSEE from effecting compliance with LESSEE'S obligations under this Subsection caused by the amount negligence of LESSOR or otherwise.
d. Take assignment of all loss Lease payments and damage which Lessor may suffer by reason deposits from LESSEE'S subleases or assignees to guarantee payment of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision e. The right of this Lease, Lessee agrees that no notice first refusal is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);void.
Appears in 1 contract
Samples: Lease Agreement
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees .
(4) Lessor may, in addition to pay on demand any other damages and sums due Lessor including past due rents and attorneys' fees, elect to terminate the amount of Lease, and recover in addition to the above a sum equal to all loss Base Rent and damage which Lessor may suffer by reason additional sums due for the remaining term of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);as reasonably determined
Appears in 1 contract
Samples: Sublease (Channelpoint Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and Lessee fails to take possession of the leased premises on the commencement or completion date or otherwise defaults at any reasonable expenditures made by Lessor in order to relet time during the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision term of this Lease, the rent concessions, including any waived base rent, shall be cancelled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Lessee agrees that no notice is required of any obligation to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or pay any other information, charge due and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor payable under this Lease (unless Lessor has terminated this Lease, in which event payment of all past including without limitation any sum due amounts do not obligate Lessor to provide a key);under section 2.
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand.:
A. Without declaring (a) Terminate this Lease, in which event Lessee shall immediately surrender the Lease terminatedPremises to Lessor, and if Lessee fails to surrender the Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel, or remove Lessee and any other person who may be occupying all or any part of the Premises without being liable for prosecution of any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of the Lease under this subparagraph, whether through inability to relet the Premises on satisfactory terms or otherwise.
(b) Enter upon and take possession of the Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive directly the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably commercially reasonable expenditures made by it for remodeling or repairing in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter (c) Enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for prosecution of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations ’s obligation under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Leasefurther, Lessee agrees that no notice is required to Lessor shall not be posted liable for any damages caused by the negligence of Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock otherwise resulting to Lessee unless Lessee has first:
1. brought current all payments due to Lessor from effecting compliance with Lessee’s obligations under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);subparagraph.
Appears in 1 contract
Samples: Lease (Adherex Technologies Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or of demand.:
A. Without declaring the Lease terminated, 1) Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any and deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, including but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, 2) Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx 3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises on satisfactory terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. 18.1 Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand.: 5
A. Without declaring (a) Terminate this Lease, in which event Lessee shall immediately surrender the Lease terminatedLeased Premises to Lessor, and if Lessee fails to surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, Premises by picking or changing locks if necessarynecessary and lock out, expel, or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for prosecution of any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of a termination of the Lease under this Subsection, whether through inability to relet the Leased Premises on satisfactory terms or otherwise.
(b) Enter upon and take possession of the Leased Premises by picking or changing locks if necessary and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive directly the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it for remodeling or repairing in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter (c) Enter upon the Leased Premises, Premises by picking or changing locks if necessary, without being liable for prosecution of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in and effecting compliance with Lessee's obligation under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this LeaseSubsection and CAUSED BY THE NEGLIGENCE OF LESSOR OR OTHERWISE.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
Samples: Commercial Lease Agreement (United Oilfield Services Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon In the occurrence of any event of Lessee's default set forth in this and breach of the Lease, Lessor may terminate Lessee's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Lessor this Lease shall terminate on the date specified by Lessor in such notice and Lessee shall immediately surrender possession of the Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry whether or not this Lease is terminated. No re-entry or taking possession of the Premises by Lessor pursuant to this Paragraph 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Lessee. If Lessor relets the Premises or any portion thereof, (i) Lessee shall be liable immediately to Lessor for all costs Lessor incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, and other similar costs, and (ii) the rent received by Lessor from such reletting shall be applied to the payment of, first, any indebtedness from Lessee to Lessor other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Lessor in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses due under this Lease. After deducting the payments referred to above, any sum remaining from the rental Lessor receives from reletting shall be held by Lessor and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Lessee be entitled to pursue any one excess rent received by Lessor. Reletting may be for a period shorter or more longer than the remaining term of this Lease. No act by Lessor other than giving written notice to Lessee shall terminate this Lease. Acts of maintenance, efforts to relet the remedies set forth herein without any notice Premises or demand.
A. Without declaring the appointment of a receiver on Lessor's initiative to protect Lessor's interest under this Lease shall not constitute a termination of Lessee's right to possession. So long as this Lease is not terminated, Lessor may enter upon shall have the right to remedy any default of Lessee, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and take new or existing subleases and to add to the Rent payable hereunder all of Lessor's reasonable costs in so doing, with interest at the prime rate plus two percent (2%) from the date of such expenditure. If Lessee's right to possession is terminated by Lessor because of a breach and default of the Leased PremisesLease, then in either such case, Lessor may recover from Lessee all damages suffered by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part Lessor as a result of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation Lessee's failure to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesperform its obligations hereunder, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for cost of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconducttenant improvements, and do whatever Lessee is obligated to do under all costs Lessor incurs in reletting the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionthereof, including without limitation, brokerage or leasing commissions, expenses of cleaning, and like costs, and the worth at the time of the award (computed in accordance with paragraph (3) of Subdivision (a) of Section 1951.2 of the California Civil Code) of the amount by which the Rent then unpaid hereunder for the balance of the Lease term exceeds the amount of such loss of Rent for the same period which Lessee proves could be reasonably avoided by Lessor and damage due in such case, Lessor prior to the award, may relet the Premises for the purpose of mitigating damages suffered by Lessor because of Lessee's failure to perform its obligations hereunder; provided, however, that even though Lessee has abandoned the Premises following such breach, this Lease shall nevertheless continue in full force and effect for as long as Lessor does not terminate Lessee's right of possession, and until such termination, Lessor shall have the remedy described in Section 1951.4 of the California Civil Code (Lessor may continue this Lease in effect after Lessee's breach and abandonment and recover Rent as it becomes due, if Lessee has the right to sublet or assign, subject only to reasonable limitations) and may enforce all its rights and remedies under this Lease, including the right to recover the Rent from Lessee as it becomes due hereunder. The "worth at the time of the award" within the meaning of Subparagraphs (a)(1) and (a)(2) of Section 1951.2 of the California Civil Code shall be computed by allowing interest at the rate of ten percent (10%) per annum. Lessee waives redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179, or under any other present or future law, in the event Lessee is evicted or Lessor takes possession of the Premises by reason of any default of Lessee hereunder. The foregoing rights and remedies of Lessor are not exclusive; they are cumulative in addition to maintain any rights and remedies now or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor hereafter existing at law, in equity by statute or otherwise, or to any equitable remedies Lessor may have, and to any reasonable expenditures made remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generally. In addition to all remedies set forth above, if a default or breach of this Lease (as set forth in Paragraph 20 above) occurs, any and all Base Rent waived by Lessor under Paragraph 3 above shall be immediately due and payable to Lessor and, if more than three (3) such defaults or breaches occur in order any consecutive twelve (12) month period, all options granted to relet the Leased PremisesLessee hereunder shall automatically terminate, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation unless otherwise expressly agreed to relet the Leased Premises so as to mitigate the amount for which Lessee is liablein writing by Lessor. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent The waiver by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing of any default or delivering written notice breach of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to Lease shall not be posted by Lessor on any door to the Leased Premises (deemed or elsewhere) disclosing the reason for such action or construed a waiver of any other information, and that Lessor is not obligated to provide a key to the changed lock to breach or default by Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated hereunder or of any subsequent breach or default of this Lease, except for the default specified in which event payment of all past due amounts do not obligate Lessor to provide a key);the waiver.
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet the Leased Premises leased premises on behalf of Lessee and all or any part of the leased premises without being liable for any claim for damages, and relet the leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, to remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who who; may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and Lessee fails to take possession of the leased premises on the commencement or completion date or otherwise defaults at any reasonable expenditures made by Lessor in order to relet time during the Leased Premisesterm of this Lease, includingthe rent concessions, but including any waived base rent, shall be canceled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no relieve Lessee of any obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid pay any other charge due and payable under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letincluding without limitation any sum due under Section 2.02. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes shall be construed as a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand whatsoever:
(a) Lessor may terminate this Lease. If Lessor elects to terminate this Lease, then Lessee shall immediately surrender the leased premises to Lessor and shall be liable for and shall pay to Lessor the sum of all rent and other indebtedness accrued to the date of such termination plus, as damages, an amount equal to the total of (i) the reasonable cost of recovering the leased premises, (ii) the reasonable cost of removing and storing Lessee's and other occupants' property located therein, (iii) the reasonable cost of reletting the leased premises, or a portion thereof, whether or not accomplished in one or more phases (including, without limitation, brokerage commissions), (iv) the reasonable cost of repairs to the leased premises, (v) the reasonable cost of collecting such amounts from Lessee hereunder, and (vi) any other reasonable sums of money or damages that may be owed to Lessor as the result of a default by Lessee or the exercise of Lessor's rights at law or in equity.
(b) Lessor may terminate Lessee's rights to occupy the leased premises without terminating this Lease. If Lessor elects to terminate Lessee's right to occupy the leased premises, Lessee shall remain liable for the payment of the total rent due under this Lease for the remainder of the term of this Lease. In addition, Lessee shall be liable for and shall pay to Lessor, on demand, an amount equal to the costs described in subsection 11.02(a) above. Lessor may file suit to recover any sums falling due under the terms hereof from time to time, and unless otherwise agreed no delivery to or recovery by Lessor of any portion of the sums due Lessor hereunder shall be a defense in any action to recover any amount not theretofore reduced to judgment and/or collected by Lessor. Lessor shall not be obligated to relet the leased premises before leasing other portions of the building, it being the intent of the parties that Lessee shall not be placed in a preferential position by reason of Lessee's own default. Any sums received by Lessor through reletting shall reduce the sums owing by Lessee hereunder, but in no event shall Lessee be entitled to any excess of any sums obtained by reletting over and above the rent to be paid by Lessee under this Lease. In the alternative, Lessor may elect to immediately recover, as damages, a sum equal to the difference between (i) the total rent due under this Lease for the remainder of the Lease term and (ii) the then fair market rental value of the leased premises during such period, discounted to present value at a commercially reasonable rate ("Discounted Future Rent"). In such event, Lessor shall have no responsibility whatsoever to attempt to relet the leased premises or to apply any rentals received by Lessor as a result of any such reletting to Lessee's obligations hereunder; and the aggregate amount of all damages due to Lessor, including the Discounted Future Rent, shall be immediately due and payable to Lessor upon demand.
A. Without declaring the Lease terminated, (c) Lessor may enter upon the leased premises and take do whatever Lessee is obligated to do under the terms of this Lease without terminating this Lease or terminating Lessee's right to occupy the leased premises. In such event, Lessee shall reimburse Lessor within ten (10) days after receipt of written demand for any expenses which Lessor may incur in affecting compliance with Lessee's obligations under this Lease, and Lessor shall not be liable for any damages resulting to Lessee from such action other than and to the extent of damages caused by the gross negligence or wilful misconduct of Lessor.
(d) Lessor may exercise all of the remedies available to Lessor at law or in equity, including, without limitation, injunctive relief of all varieties. The provisions of this Section 11.02 shall be enforceable to the maximum extent not prohibited by applicable law, and the unenforceability of any portion thereof shall not thereby render unenforceable any other portion. No act or thing done by Lessor or its agents during the Lease term shall be deemed to be an acceptance of an attempted surrender of the leased premises, and no agreement to accept the surrender of the leased premises shall be valid unless made in writing and signed by Lessor. No re-entry or taking possession of the Leased Premisesleased premises by Lessor (including a termination of Lessee's right to occupy the leased premises or a reletting subsequent to such election) shall be construed as an election on Lessor's part to terminate this Lease unless a written notice of such termination is given to Lessee. The failure of Lessor to insist at any time upon the strict performance of any covenant or agreement herein or to exercise any option, right, power, or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. No payment by picking Lessee or changing locks if necessaryreceipt by Lessor of a lesser amount than the amount then due under this Lease shall be deemed to be other than on account of the earliest obligation of Lessee due hereunder, nor shall endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction. Lessor may accept any such check or payment without prejudice to Lessor's right to recover the balance of such obligation of Lessee or pursue any other remedy provided in this Lease. All rights, privileges, and lock outremedies afforded Lessor by this Lease or by law shall be deemed cumulative, and the exercise of any one of such rights, privileges, or remedies shall not be deemed to be a waiver of any other right, privilege, or remedy provided for herein or granted by law or in equity, except as may otherwise be expressly provided pursuant to the terms of this Lease. In the event Lessor elects to terminate this Lease or terminate Lessee's right to occupy the leased premises after a default by Lessee, Lessor may, without prejudice to any other remedy which Lessor may have, expel or remove Lessee and any other person who may be occupying all the leased premises or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liablethereof. In addition, upon termination Lessor may collect from Lessee change or alter the value of all future rentals required to be paid under this Lease from locks and other security devices on the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease doors to the contraryleased premises; and Lessee hereby waives, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);the
Appears in 1 contract
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages, and relet relent the Leased Premises leased premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premisesleased premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premisesleased premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premisesleased premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease caused by the negligence of Lessor or otherwise.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises leased premises to Lessor, and if Lessee fails to surrender the Leased Premisesleased premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premisesleased premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises leased premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Sectionsection, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises leased premises on satisfactory terms satisfactory to Lessor or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Lessor has made rent concessions of any type or character, or waived any base rent, and Lessee fails to take possession of the leased premises on the commencement or completion date or otherwise defaults at any reasonable expenditures made by Lessor in order to relet time during the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision term of this Lease, the rent concessions, including any waived base rent, shall be cancelled and the amount of the base rent or other rent concessions shall be due and payable immediately as if no rent concessions or waiver of any base rent had ever been granted. A rent concession or waiver of the base rent shall not relieve Lessee agrees that no notice is required of any obligation to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or pay any other information, charge due and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor payable under this Lease (unless Lessor has terminated this Lease, in which event payment of all past including without limitation any sum due amounts do not obligate Lessor to provide a key);under section 2.
Appears in 1 contract
Samples: Standard Commercial Lease (Industrial Data Systems Corp)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this LeaseLease Agreement, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand.:
A. Without declaring (a) Terminate this Lease, in which event Lessee shall immediately surrender the Lease terminatedLeased Premises to Lessor, and, if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for prosecution of any claim for damages. Upon the termination of this Lease, in addition to all unpaid rentals and other monetary obligations of Lessee to Lessor, Lessor will be entitled to recover, not as rent or a penalty but as compensation for Lessor's loss of the benefit of its bargain with Lessee, the difference between (i) an amount equal to the present value of the rental and other sums that this Lease provides Lessee will pay for the remainder of the term hereof and for the balance of any then effective extension of the term hereof, and (ii) the present value of the net future rentals for such period that will be or with reasonable efforts could be collected by Lessor by reletting the Leased Premises. The foregoing present values will be calculated by discounting at the rate of 8 percent per annum. For purposes of determining what could be collected by Lessor by reletting under the preceding sentence, it will be assumed that Lessor is not required to relet when other comparable space in the Building is available for lease and that Lessor will not be required to incur any cost to relet, other than customary leasing commissions.
(b) Enter upon and take possession of the Leased Premises, by changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all of any part of the Leased Premises without being deemed guilty of trespass, without being liable for any claim for damages, and without causing a termination of or forfeiture of this Lease or of Lessee's obligation to pay rent and other charges, and may relet the Leased Premises on behalf of Lessee and receive directly the rent directly by reason of the reletting; provided however, that Lessor has no obligation but the failure to so relet the Leased Premises so as to mitigate the amount shall not reduce Lessee's liability for which Lessee is liablerents and other charges or for damages. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it for remodeling or repairing in order to relet the Leased Premises. In connection with any such reletting, includingLessor will not be obligated to incur any cost to relet, but not limited to, other than customary leasing commissions, lease incentiveswill not be obligated to relet for less than the then market value of the leased Premises or to relet the leased Premises when other comparable rental space in the Building is available for lease, remodeling and repair costsmay relet the Leased Premises for a term to expire at the same time as, earlier than, or subsequent to, the expiration of the term hereof and/or relet all or any portion of the Leased Premises as a part of a larger area. Lessee may retain the excess, if any, of the rent earned from reletting the Leased Premises over the rentals specified in this Lease.
B. Without declaring the Lease terminated, Lessor may enter (c) Enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for prosecution of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this subparagraph caused by the negligence of Lessor or otherwise.
X. Xxxxxx (d) After an event of default by Lessee, Lessor may terminate recover from Lessee from time to time and Lessee shall pay to Lessor upon demand, whether or not Lessor has relet the Leased Premises or terminated this Lease, (i) such expenses as Lessor may incur in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take recovering possession of the Leased Premises, by picking or changing locks if necessaryterminating this Lease, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of placing the Leased Premises without being liable in good order and condition and altering or repairing the same for reletting; (ii) all other costs and expenses (including brokerage commissions and legal fees) paid or incurred by Lessor in exercising any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason remedy or as a result of the termination event of default by Lessee; and (iii) any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform Lessee's obligations under this Lease under or which in the ordinary course of things would be likely to result from such failure.
(e) To the extent permitted by law, Lessee and Lessor agree that paragraphs (a), (b), (c), (e) and (g) of Section 93.002 of the Texas Property Code shall not apply to this SectionLease. However, including without limitationas provided in Section 93.002(d) of the Texas Property Code, loss and damage due Lessee will be presumed to the failure of Lessee to maintain and or repair have abandoned the Leased Premises as required hereunder and/or due if goods, equipment, or other property, in an amount substantial enough to the inability indicate a probable intent to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet abandon the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet is being or has been removed from the Leased Premises so as to mitigate and the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor removal is not obligated to provide a key to within the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment normal course of all past due amounts do not obligate Lessor to provide a key);Lessee's business.
Appears in 1 contract
Samples: Commercial Lease Agreement (Avtel Communications Inc/Ut)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled to pursue any one or more of the remedies set forth herein without any notice or demand.
A. Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-re- let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
Samples: Commercial Lease (American Telesource International Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any remedy available at law or in equity, specifically including, but not limited to, any one or more of the following remedies set forth herein without any notice or demand.:
A. Without declaring (a) Terminate this Lease, and institute a forcible entry and detainer action in court on an expedited basis with the Lease terminatedcourt and to pursue all remedies to the fullest extent permitted by law; and/or
(b) Terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearage in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel, or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for prosecution of any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage, including attorney fees, which Lessor may suffer by reason of termination of the Lease under this subparagraph, whether through inability to relet the Leased Premises on satisfactory terms or otherwise.
(c) Without terminating this Lease, enter upon and take possession of the Leased Premises, changing locks if necessary and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive directly the rent directly by reason of the any reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by be reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it for remodeling or repairing in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, Lessor may enter (d) Enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for prosecution of any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer by reason of the termination of this Lease under this Section, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Leasefurther, Lessee agrees that no notice is required to Lessor shall not be posted by Lessor on liable for any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock damages resulting to Lessee unless Lessee has first:
1. brought current all payments due to Lessor from effecting compliance with Lessee's obligations under this Lease subparagraph caused by the negligence of Lessor or otherwise.
(unless Lessor has terminated this Lease, e) Tow and remove any unauthorized vehicles.
(f) Permit law enforcement authorities to enter the premises summarily and without notice for the purpose of enforcing any criminal laws in which event payment the state of all past due amounts do not obligate Lessor to provide a key);Ohio.
Appears in 1 contract
Samples: Residential Lease Agreement
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one (1) or more of the remedies set forth herein without any notice or demand.as proscribed by law:
A. Without declaring the Lease terminated, (1) Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damagesPremises, and relet the Leased Premises on behalf of Lessee and receive the rent rental directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. reletting Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (2) Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, and do whatever Lessee is obligated to do under the terms of this Lease. Lessee agrees to shall reimburse Lessor on demand for any reasonable and direct expenses which Lessor may incur in effecting compliance with Lessee's obligations under this Lease; further, Lessee agrees that Lessor, shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee's obligations under this Lease unless caused by the negligence of Lessor, its agents, contractors, or designees.
X. Xxxxxx (3) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages arrearage in base rent and/or additional rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damagesPremises. Lessee agrees to pay on demand the amount of all direct loss and damage which Lessor may suffer by reason of the termination of this Lease under this SectionSection 11.02, including without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the whether through inability to relet the Leased Premises on satisfactory terms satisfactory to Lessor or otherwise, and . A rent concession or waiver of base rent and/or additional rent shall not relieve Lessee of any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value of all future rentals required to be paid pay any other charge due and payable under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-letincluding without limitation any sum due under section 2.03. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes shall be construed as a termination of this Lease.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
Samples: Standard Commercial Lease (New Era of Networks Inc)
REMEDIES FOR LESSEE'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Lessor is entitled shall have the option to pursue any one or more of the following remedies set forth herein without any notice or demand whatsoever:
(a) Lessor may terminate this Lease. If Lessor elects to terminate this Lease, then Lessee shall immediately surrender the leased premises to Lessor and shall be liable for and shall pay to Lessor the sum of all rent and other indebtedness accrued to the date of such termination plus, as damages, an amount equal to the total of (i) the cost of recovering the leased premises, (ii) the cost of removing and storing Lessee's and other occupants' property located therein, (iii) the cost of reletting the leased premises, or a portion thereof, whether or not accomplished in one or more phases (including, without limitation, brokerage commissions), (iv) the cost of decorations, repairs, changes, alterations, and additions to the leased premises, (v) the cost of collecting such amounts from Lessee hereunder, and (vi) any other sums of money or damages that may be owed to Lessor as the result of a default by Lessee or the exercise of Lessor's rights at law or in equity.
(b) Lessor may terminate Lessee's rights to occupy the leased premises without terminating this Lease. If Lessor elects to terminate Lessee's right to occupy the leased premises, Lessee shall remain liable for the payment of the total rent due under this Lease for the remainder of the term of this Lease. In addition, Lessee shall be liable for and shall pay to Lessor, on demand, an amount equal to the costs described in subsection 11.02(a) above. Lessor may file suit to recover any sums falling due under the terms hereof from time to time, and no delivery to or recovery by Lessor of any portion of the sums due Lessor hereunder shall be a defense in any action to recover any amount not theretofore reduced to judgment and/or collected by Lessor. Lessor shall not be obligated to relet the leased premises before leasing other portions of the building, it being the intent of the parties that Lessee shall not be placed in a preferential position by reason of Lessee's own default. Any sums received by Lessor through reletting shall reduce the sums owing by Lessee hereunder, but in no event shall Lessee be entitled to any excess of any sums obtained by reletting over and above the rent to be paid by Lessee under this Lease. In the alternative, Lessor may elect to immediately recover, as damages, a sum equal to the difference between (i) the total rent due under this Lease for the remainder of the Lease term and (ii) the then fair market rental value of the leased premises during such period, discounted to present value at a rate determined by Lessor, in its sole discretion ("Discounted Future Rent"). In such event, Lessor shall have no responsibility whatsoever to attempt to relet the leased premises or to apply any rentals received by Lessor as a result of any such reletting to Lessee's obligations hereunder; and the aggregate amount of all damages due to Lessor, including the Discounted Future Rent, shall be immediately due and payable to Lessor upon demand.
A. Without declaring the Lease terminated, Lessor may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may be occupying all or any part of the Leased Premises without being liable for any claim for damages, and relet the Leased Premises on behalf of Lessee and receive the rent directly by reason of the reletting; provided however, that Lessor has no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. Lessee agrees to pay Lessor on demand any deficiency that may arise by reason of any reletting of the Leased Premises; further, Lessee agrees to reimburse Lessor for any reasonably expenditures made by it in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, remodeling and repair costs.
B. Without declaring the Lease terminated, (c) Lessor may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, except for damages arising from Lessor's negligence, recklessness or willful misconduct, leased premises and do whatever Lessee is obligated to do under the terms of this LeaseLease without terminating this Lease or terminating Lessee's right to occupy the leased premises. In such event, Lessee agrees to shall reimburse Lessor on demand for any expenses which Lessor may incur in effecting affecting compliance with Lessee's obligations under this Lease.
X. Xxxxxx may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to surrender the Leased Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Lessee and any other person who may shall not be occupying all or any part of the Leased Premises without being liable for any claim for damages. damages resulting to Lessee agrees to pay on demand the amount of all loss and damage which from such action.
(d) Lessor may suffer by reason exercise all of the termination of this Lease under this Sectionremedies available to Lessor at law or in equity, including including, without limitation, loss and damage due to the failure of Lessee to maintain and or repair the Leased Premises as required hereunder and/or due to the inability to relet the Leased Premises on terms satisfactory to Lessor or otherwise, and any reasonable expenditures made by Lessor in order to relet the Leased Premises, including, but not limited to, leasing commissions, lease incentives, and remodeling and repair costs; provided however, that Lessor will have no obligation to relet the Leased Premises so as to mitigate the amount for which Lessee is liable. In addition, upon termination Lessor may collect from Lessee the value injunctive relief of all future rentals required to be paid under this Lease from the date Lessor terminates the Lease until the original termination date in accordance with applicable law less amounts collected as rent by Lessor if the Leased Premises are re-let. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated under this section by Lessor only by mailing or delivering written notice of such termination to Lessee, and no other act or omission of Lessor constitutes a termination of this Leasevarieties.
D. In the event that Lessor exercises its remedy to lock out Lessee in accordance with any provision of this Lease, Lessee agrees that no notice is required to be posted by Lessor on any door to the Leased Premises (or elsewhere) disclosing the reason for such action or any other information, and that Lessor is not obligated to provide a key to the changed lock to Lessee unless Lessee has first:
1. brought current all payments due to Lessor under this Lease (unless Lessor has terminated this Lease, in which event payment of all past due amounts do not obligate Lessor to provide a key);
Appears in 1 contract
