REMEDIES FOR TENANT'S DEFAULT. In the event of Tenant’s default, Landlord may:
(a) Terminate Tenant’s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant:
(1) the worth at the time of the award of any unpaid rent which had been earned at the time of such termination; plus
(2) the worth at the time of the 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 such rental loss which Tenant 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 term after the time of award exceeds the amount of such rental loss which Tenant proves could be reasonably avoided; plus
(4) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in 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 alteration of the Premises, reasonable attorneys’ fees, and real estate commissions actually paid and that portion of the leasing commission paid by Landlord and 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, the “worth at the time of the award” shall be computed by allowing interest at the lesser of ten percent (10%) per annum, or the maximum rate permitted by law per annum. 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%).
(b) Continue this Lease in full force and effect, and the Lease will continue in effect, as long as Landlord does not terminate Tenant’s right to possession, and Landlord shall have the right to collect Rent when due consistent with California Civil Code Section 1951.4. During the period Tenant is in default, Landlord may enter the Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall b...
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies without any prior notice or demand:
(a) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Leased Premises, and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises. Landlord shall not be liable for prosecution or any claim for damages as a result of such actions. Tenant agrees to pay on demand the amount of all losses, costs, expenses, deficiencies, and damages, including, without limitation, reasonable reconfiguration expenses, rental concessions and other inducements to new tenants, advertising expenses and broker's commissions, which Landlord may incur or suffer by reason of Tenant's default or the termination of this Lease under this subparagraph, whether through inability to rent the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional Rent hereunder is not only compensation for use of the Leased Premises but also compensation for sums already expended and/or being expended by Landlord with respect to its obligations hereunder and with respect to the Leased Premises, and Tenant acknowledges that Tenant's default in timely payment of all sums due hereunder shall constitute significant financial loss to Landlord. Tenant COMMERCIAL LEASE AGREEMENT - PAGE 19 -------------------------- LEASE 2 further acknowledges that any failure to pay any sum due hereunder shall evidence Tenant's inability to meet its debts as they become due. In such event, in addition to Landlord's other remedies hereunder, Landlord shall be entitled to accelerate all Base Rental remaining unpaid hereunder, the entirety of which shall at the option of Landlord be immediately due and payable to the extent allowed by law.
(b) Without termination of this Lease, Landlord may enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying all or any part of the Leased Premises (without being liable for prosecution or any claim for damages therefor) and relet the Leased Premises on behalf of Tenant and receive directly the rent from the reletting. Tenant agrees to pay Landlord on ...
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of an Event of Tenant’s Default, Landlord may pursue any one or more of the following remedies:
(i) Terminate this Lease and recover damages therefor.
(ii) Terminate Tenant’s right to occupy the Premises by repossessing the Premises, without terminating this Lease, and recover damages.
(iii) Perform any of the obligations for which Tenant is in default under this Lease, and Tenant shall reimburse Landlord within 30 days after written demand for all costs incurred by Landlord in doing so.
(iv) Exercise any other remedy provided in this Lease or under applicable law.
REMEDIES FOR TENANT'S DEFAULT. Upon any default by Tenant, Landlord shall have the following remedies, in addition to all other rights and remedies provided by law, to which Landlord may resort cumulatively, or in the alternative:
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Landlord shall have the option to pursue any one or more of the remedies set forth in this Section 11.2 without any additional notice or demand:
(1) Without declaring the Terminated, Landlord may enter upon and take possession of the Premises, by legal process, and lock out, expel or remove Tenant and any other person who may be occupying all or any part of the Premises without being liable for any claim for damages, and relet the Premises on behalf of Tenant and receive the rent directly by reason of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Premises, including, but not limited to, remodeling and repair costs.
REMEDIES FOR TENANT'S DEFAULT. If Tenant is In default of the Lease, Landlord may, Without prejudice to any of the Landlord's legal remedies, pursue one or more of the following contractual remedies:
(1) Landlord may terminate the Lease and require Tenant to immediately surrender possession of the premises. Tenant agrees to pay on demand the amount of Landlord's lose or damage if Tenant falls to immediately vacate the premises after termination of the Lease. Landlord may terminate the Lease only by mailing or delivering written notice of such termination to the Tenant. No other act or omission of the Landlord shall be construed as a termination of the Lease.
(2) Landlord may disconnect Tenant's telephone lines, xxxx mail and express deliveries "return to sender" and limit Tenant's access to the promises.
(3) Landlord may enter upon, take possession of and relet the premises an such terms as Landlord, in its sole discretion, determines to be appropriate.
(4) Landlord may accelerate and declare immediately due all sums that Tenant is required to pay under the Lease.
REMEDIES FOR TENANT'S DEFAULT. In the event of any such Event of Default by Tenant, Landlord may at any time thereafter, at Landlord’s option and without limiting the exercise of any other right or remedy which Landlord may have in Law or equity by reason of such default or breach, with or without notice or demand, do any of the following:
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies with prior written notice or demand and provided Tenant is given at least thirty (30) days from the date of notice to cure such default:
A. Terminate this Lease in which event Tenant shall immediately surrender the Lease Premises to Landlord, and if Tenant fails to surrender the Lease Premises, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in Rent and any other amounts due hereunder, enter upon and take possession of the Lease Premises, in accordance with the law.
B. Enter upon and take possession of the Lease Premises in accordance with the law.
C. Enter upon the Lease Premises, in accordance with the law, and do whatever Tenant is obligated to do under the terms of this Lease.
D. All rights and remedies of the Landlord herein enumerated in the event of a default, shall be cumulative and nothing herein shall exclude any other right or remedy allowed by law.
REMEDIES FOR TENANT'S DEFAULT. In the event of any default or breach by Tenant, Landlord may at any time, without waiving or limiting any other right or remedy available to it, terminate Tenant's rights under this Lease by written notice or by any lawful means, or reenter and take possession of the Premises (with or without terminating this Lease), or itself pay or perform the obligation as to which Tenant is in default (in which event Landlord's cost of so doing shall be immediately reimbursed to it by Tenant), or pursue any remedy allowed by law. Tenant agrees to pay to Landlord the cost of recovering possession of the Premises, all expenses of reletting, and any other costs or damages arising out of Tenant's default. Tenant's monetary obligations under this Lease shall continue regardless of whether Tenant's right to possession has been terminated; notwithstanding any reentry or termination, the liability of Tenant for the rent and other charges provided for herein shall not be extinguished for the balance of the term of this Lease, and Tenant agrees to make good to Landlord any deficiency arising from reletting the Premises for less rent and other consideration than applies under this Lease. Any rent or other charges under this Lease not paid by Tenant when due shall bear interest from the due date thereof at the rate of 18% per annum.
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default, Landlord shall have the option:
(a) To terminate this Lease; or
(b) Terminate Tenant's right to possession of the Premises and re-enter or repossess the Premises, either by legal proceeding, surrender or otherwise, and dispossess and remove therefrom Tenant or other occupants thereof and their effects without being liable to any prosecution or civil damages. Landlord shall use its best efforts to rerent the Premises at such rental and upon such other terms and conditions as Landlord may deem advisable in its reasonable discretion. However, Tenant shall remain liable under the terms of this Lease, and Tenant's obligations including the obligation to pay rent shall continue for the full term of this Lease, provided, however, that Tenant shall receive appropriate credit for amounts received by Landlord as a result of any rerenting.
