Common use of REMEDIES FOR LESSEE'S DEFAULT Clause in Contracts

REMEDIES FOR LESSEE'S DEFAULT. In the event of Lessee's default or ----------------------------- breach of the Lease, Lessor may terminate Lessee's right to possession of the Premises by any lawful means in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry, 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. If Lessee breaches this Lease and abandons the property before the end of the term, or if Lessee's right to possession is terminated by Lessor because of a breach of the Lease, then in either such case, Lessor may recover from Lessee all damages suffered by Lessor as a result of Lessee's failure to perform its obligations hereunder, including, but not restricted to, 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 the Lessee proves could be reasonably avoided by Lessor and 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 the Lessor does not terminate Lessee's right of possession, and until such termination, Lessor 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. 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 may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generally. The waiver by Lessor of any breach of any term of this Lease shall not be deemed a waiver of such term or of any subsequent breach thereof.

REMEDIES FOR LESSEE'S DEFAULT. In the event of Lessee's ’s default or ----------------------------- breach of the Lease, Lessor may terminate Lessee's ’s right to possession of the Premises by any lawful means in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry, and if this right of re- 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. If Lessee breaches this Lease and abandons the property Premises before the end of the term, or if Lessee's ’s right to possession is terminated by Lessor because of a breach of the Lease, then in either such case, Lessor may recover from Lessee all damages suffered by Lessor as a result of Lessee's ’s failure to perform its obligations hereunder, including, but not restricted to, to the worth at the time of the award (computed in accordance with paragraph 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 the Lessee proves could be reasonably avoided by Lessor and 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 ’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 the Lessor does not terminate Lessee's ’s right of possession, and until such termination, . Lessor 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. 7 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 may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's ’s rights generally. The waiver by Lessor of any breach of any term of this Lease shall not be deemed a waiver of such term or of any subsequent breach thereof. 21.

REMEDIES FOR LESSEE'S DEFAULT. In the event of Lessee's default or ----------------------------- breach of the Lease, default: a. Lessor may terminate Lessee's right to possession of the Premises by any lawful means means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In additionsuch event, the Lessor shall have the immediate right of re-entry, and if this right of re- entry is exercised following abandonment of the Premises by Lessee, Lessor may consider any personal property belonging be entitled to Lessee and left on the Premises to also have been abandoned. If Lessee breaches this Lease and abandons the property before the end of the term, or if Lessee's right to possession is terminated by Lessor because of a breach of the Lease, then in either such case, Lessor may recover from Lessee all damages suffered by Lessor as a result of Lessee's failure to perform its obligations hereunder, including, but not restricted to, : (1) the worth at the time of the award of any unpaid rent which had been earned at the time of such termination; plus (computed in accordance with paragraph (32) of Subdivision (a) of Section 1951.2 the worth at the time of the California Civil Code) award of the amount by which the Rent then unpaid hereunder rent which would have been earned after termination until the time of award exceeds the amount of such rental loss which Lessee proves could have been reasonably avoided; plus (3) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Lease term after the time of award exceeds the amount of such rental loss of Rent for the same period which the Lessee proves could be reasonably avoided avoided; plus (4) any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessor and 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, under this Lease shall nevertheless continue or which in full force the ordinary course of things would be likely to result therefrom (including, without limitation, the cost of recovering possession of the Premises, expenses of reletting including necessary renovation and effect for as long as alteration of the Lessor does not terminate LesseePremises, reasonable attorney's right of possessionfees, and until such termination, real estate commissions actually paid and that portion of the leasing commission paid by Lessor may enforce all its rights and remedies under applicable to the unexpired portion of this Lease); plus (5) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. As used in subsections (1) and (2) above, 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 greater of ten 1O percent (101O%) per annum, or 5 percent (5%) per annumannum plus the rate as established by the Federal Reserve Bank of San Francisco, on advances to member banks under 13 and 13a of the Federal Reserve Act prevailing on the twenty-fifth (25th) day of the month preceding the date of Lessee's default. As used in subsection (3) above, the "worth at the time of award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). In the event Lessee shall have abandoned the Premises, Lessor shall have the option of taking possession of the Premises and recovering from Lessee the amount specified in this subparagraph or proceeding under the provisions of subparagraph b. below. x. Xxxxxx may continue this Lease in full force and effect, and the Lease shall continued in effect, as long as Lessor does not terminate Lessee's right to possession, and Lessor shall have the right to collect rent when due. During the period Lessee is in default, Lessor can enter the Premises and relet them, or any part of them, to third parties for Lessee's account. Lessee shall be liable immediately to Lessor for all costs Lessor incurs in reletting the Premises, including, without limitation, xxxxxx'x commissions, expenses of remodeling the premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Lessee shall pay to Lessor the rent due under this Lease on the dates the rent is due, less the rent Lessor receives from any reletting. No act by Lessor allowed by this paragraph shall terminate this Lease unless Lessor notifies Lessee that Lessor elects to terminate this Lease. After Lessee's default and for as long as Lessor does not terminate Lessee's right to possession of the Premises, if Lessee obtains Lessor's consent, Lessee shall have the right to assign or sublet its interest in this Lease, but Lessee shall not be released from liability. Lessor's consent to a proposed assignment or subletting shall not be unreasonably withheld. c. The foregoing remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law or law, to any equitable remedies Lessor may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's coeditors' rights generally. The waiver by Lessor of any breach of any term of this Lease shall not be deemed a waiver of such term or of any subsequent breach thereof.

REMEDIES FOR LESSEE'S DEFAULT. In If Lessee is in default under this Lease, then Lessor has the event of Lessee's default right, at his election, to undertake any one or ----------------------------- breach more of the Leasefollowing non-exclusive actions: (a) To give Lessee written notice of Lessor's intention to terminate this Lease on the earliest date permitted by law or on any later date specified in such notice, Lessor may terminate in which case Lessee's right to possession of the Premises by any lawful means in which case will cease and this Lease shall terminate will be terminated, except as t Lessee's liability, as if the date fixed in such notice were the end of the Term, without, however, waiving Lessor's right to collect all Rent and Lessee shall immediately surrender other payments due or owing for the period up to the time Lessor regains possession, as well as any and all other Litigation Expenses incurred in connection therewith; (b) Without further demand or notice of any kind, to reenter and take possession of the Premises to Lessor. In additionor any part of the Premises, repossess the Lessor shall have the immediate right of re-entrysame, expel Lessee and those claiming through or under Lessee, and if this right remove the effects of re- entry is exercised following abandonment both or either, using such force for such purposes as may be necessary, and without prejudice to any remedies for arrears of the Premises by Lessee, Lessor may consider any personal property belonging to Lessee and left on the Premises to also have been abandoned. If Lessee breaches this Lease and abandons the property before the end of the term, or if Lessee's right to possession is terminated by Lessor because of a breach of the Lease, then in either such case, Lessor may recover from Lessee all damages suffered by Lessor Rent incurred as a result of Lessee's failure any preceding Default; Exhibit Section Exhibit (10.5) (c) Proceed for past due installments of Rent, reserving its right to perform its obligations hereunder, including, but not restricted to, proceed later for the worth at the time remaining installments; (d) Declare all of the award unpaid installments of Rent at once due and payable, whereupon the whole thereof shall become and be immediately due and payable, and proceed to enforce its legal remedies hereunder; and/or (computed in accordance with paragraph (3e) Without further demand or notice of Subdivision (a) of Section 1951.2 of the California Civil Code) of the amount by which the Rent then unpaid hereunder any kind, to cure any default and to charge Lessee for the balance cost of the Lease term exceeds the amount of effecting such loss of Rent for the same period which the Lessee proves could be reasonably avoided by cure, provided that Lessor and in will have no obligation to cure any 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 the Lessor does not terminate Lessee's right of possession, and until such termination, Lessor 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. 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 may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generally. The waiver by Lessor of any breach of any term of this Lease shall not be deemed a waiver of such term or of any subsequent breach thereofdefault.

REMEDIES FOR LESSEE'S DEFAULT. In the event of Lessee's default or ----------------------------- breach of the Lease, Lessor may terminate Lessee's right to possession of the Premises by any lawful means means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry, and if this right of re- 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. If Lessee breaches this Lease and abandons the property Premises before the end of the term, or if Lessee's right to possession is terminated by Lessor because of a breach of the Lease, then in either such case, Lessor may recover from Lessee all damages suffered by Lessor as a result of Lessee's failure to perform its obligations hereunder, including, but not restricted to, the worth at the time of the award (computed in accordance with paragraph (3) of Subdivision the 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 the Lessee proves could be reasonably avoided by Lessor and in such case, Lessor 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 the Lessor does not terminate Lessee's right of possession, and until such termination, Lessor 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)(1a)(l) 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. 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 may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generally. The waiver by Lessor of any breach of any term of this Lease shall not be deemed a waiver of such term or of any subsequent breach thereof.

REMEDIES FOR LESSEE'S DEFAULT. In 1. Upon the event occurrence of an “Event of Default by the Lessee's default ”, Lessee shall remain liable to the Lessor for all arrearage of rentals, fees or ----------------------------- breach charges payable hereunder and for all preceding breach(es) of any covenant herein contained. The Lessor, in addition to the right of termination, and to any other rights or remedies it may have at law or in equity, shall have the right of re-entry and may remove all Lessee’s persons and property from the demised premises. Upon any such removal, Lessee’s property may be stored in a public warehouse or elsewhere at the cost of, and for the account of, the Lessee. Should the Lessor elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may, at any time subsequent to an “Event of Default by the Lessee”, either terminate this Agreement or re-let the demised premises and any improvements thereon, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Agreement) at such rentals, fees and charges, and upon such other terms and conditions, as the Lessor, in its sole discretion, may deem advisable, with the right to make alterations repairs or improvements on said demised premises. No re- entry or re-letting of the Lease, demised premises by the Lessor may terminate Lessee's right to possession shall be construed as an election of the Premises by any lawful means in which case Lessor's part to terminate this Lease shall terminate and Lessee shall immediately surrender possession Agreement, unless a written notice of such intention is given to the Premises to LessorLessee. In additionre-letting the demised premises, the Lessor shall have the immediate right of re-entry, make a good faith effort to obtain terms and if this right of re- entry is exercised following abandonment of the Premises by Lessee, Lessor conditions no less favorable to itself than those contained herein and otherwise seek to mitigate any damage it may consider any personal property belonging to Lessee and left on the Premises to also have been abandoned. If Lessee breaches this Lease and abandons the property before the end of the term, or if Lessee's right to possession is terminated by Lessor because of a breach of the Lease, then in either such case, Lessor may recover from Lessee all damages suffered by Lessor suffer as a result of the “Event of Default by the Lessee's failure ”. 2. Unless the Lessor elects to perform its obligations hereunder, including, but not restricted toterminate this Agreement, the worth Lessee shall remain liable for and promptly pay all rentals, fees and charges accruing hereunder until termination of this Agreement at the time expiration date set forth herein. 3. In the event that the Lessor re-lets the demised premises, rentals, fees and charges received by the Lessor from such re-letting shall be applied: first, to the payment of any indebtedness other than rentals, fees and charges due hereunder from the Lessee to the Lessor; second, to the payment of any cost of such re-letting; third, to the payment of rentals, fees and charges due and unpaid hereunder; and, the residue, if any, shall be held by the Lessor and applied in payment of future rentals, fees and charges as the same may become due and payable hereunder. Should that portion of such rentals, fees and charges received from such re-letting applied to the payment of rentals, fees and charges due hereunder be less than the rentals, fees and charges payable during the applicable period, Lessee shall pay such deficiency to the Lessor. The Lessee shall also pay to the Lessor, as soon as ascertained, any costs and expenses incurred by such re-letting not covered by the rentals, fees and charges received from such re-letting. 4. Notwithstanding anything to the contrary in this Agreement, if a dispute arises between the Lessor and Lessee with respect to any obligation or alleged obligation of the award (computed in accordance with paragraph (3Lessee to make payment(s) of Subdivision (ato the Lessor, the payment(s) of Section 1951.2 of under protest by the California Civil Code) Lessee of the amount claimed by which the Rent then unpaid hereunder for the balance Lessee to be due shall not waive any of the Lease term exceeds Lessees' rights, and if any court or other body having jurisdiction determines all, or any part, of the amount of such loss of Rent for protested payment was not due, then the same period which Lessor shall as promptly as reasonably practicable reimburse the Lessee proves could be reasonably avoided by Lessor and in any amount determined as not due plus interest on such case, Lessor prior amount at the highest rate allowable under Michigan law. 5. Lessee shall pay to the awardLessor all reasonable costs, may relet the Premises for the purpose of mitigating damages suffered fees (including attorneys & accountants) and expenses incurred 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 the Lessor does not terminate Lessee's right of possession, and until such termination, Lessor may enforce all its rights and remedies under this Lease, including in 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. 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 may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generally. The waiver by Lessor exercise of any breach remedy upon an event of any term of this Lease shall not be deemed a waiver of such term or of any subsequent breach thereofdefault by the Lessee.

REMEDIES FOR LESSEE'S DEFAULT. In the event of Lessee's default or ----------------------------- breach of the Lease, Lessor may terminate Lessee's right to possession of the Premises by any lawful means in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry, and if this right of re- 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, except Medtronic products. If Lessee breaches this Lease and abandons the property before the end of the term, or if Lessee's right to possession is terminated by Lessor because of a breach of the Lease, then in either such case, Lessor may recover from Lessee all damages suffered by Lessor as a result of Lessee's failure to perform its obligations hereunder, including, but not restricted to, the worth at the time of the award (computed in accordance with paragraph 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 the Lessee proves could be reasonably avoided by Lessor and 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 the Lessor does not terminate Lessee's right of possession, and until such termination, Lessor 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. Landlord agrees that remedies set forth in Section 21 shall not be exercised in a manner as to result in double recovery of damages incurred. If Landlord elects to relet the Premises for the account of Tenant, Landlord agrees to exert good faith effort to relet the Premises at the then fair market rate and on terms similar to those in effect at the time Tenant's possession terminated. 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 may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generally. The waiver by Lessor of any breach of any term of this Lease shall not be deemed a waiver of such term or of any subsequent breach thereof.

REMEDIES FOR LESSEE'S DEFAULT. In the event of Lessee's default or ----------------------------- breach of the Lease, Lessor may terminate Lessee's right to possession of the Premises by any lawful means means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In addition, the Lessor shall have the immediate right of re-entry, and if this right of re- 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. If Lessee breaches this Lease and abandons the property Premises before the end of the term, or if Lessee's right to possession is terminated by Lessor because of a breach of the Lease, then in either such case, Lessor may recover from Lessee all damages suffered by Lessor as a result of Lessee's failure to perform its obligations hereunder, including, but not restricted to, the worth at the time of the award (computed in accordance with paragraph (3) of Subdivision the subdivision (a) of Section 1951.2 of the California Civil Code) of the amount amounts 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 the Lessee proves could be reasonably avoided by Lessor and in such case, Lessor 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 obligation 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 the Lessor does not terminate Lessee's right of possession, and until such termination, Lessor 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. 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 may have, and to any remedies Lessor may have under bankruptcy laws or laws affecting creditor's rights generallyrights. The waiver wavier by Lessor of any breach of any term of this Lease shall not be deemed a waiver wavier of such term or of any subsequent breach thereof.