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 demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costs. (c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph. (d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises. (e) Landlord may pursue any remedy provided at law or in equity. (f) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages. (g) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2 (h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.
Appears in 1 contract
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of default----------------------------- default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth in this Section 11.2 without any prior additional notice or demand:
(a1) Without declaring the Lease terminated, 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, by picking or changing locks if necessary, and lock out, 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) damages, and relet the Leased Premises on behalf of Tenant and receive directly the rent from directly by reason of the reletting. Tenant agrees to pay Landlord on demand all amounts then due under this Lease, any deficiency that may arise by reason of any reletting of the Leased Premises and the unpaid balance of any amortized construction cost of Tenant improvements; further, Tenant agrees to reimburse Landlord on demand for any lossesreasonable expenditure made by it in order to relet the Premises, including, but not limited to, remodeling and repair costs, and expenses, including without limitation, reconfiguration expenses*, brokerage commissions free rent or rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costsattorneys' fees.
(c2) Without terminating this Leasedeclaring the Lease terminated, Landlord may enter upon the Leased Premises (Premises, by picking or changing locks if necessary, without being liable for prosecution or any claim for damages therefor) damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and reasonable expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. ; further, Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraphLease caused by the negligence of Landlord or otherwise.
(d3) With respect Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to surrender the Premises, Landlord may, without prejudice to any other remedy which it may have for possession or arrearages in rent, enter upon and take possession of the Premises, by picking or changing locks if necessary, 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. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer for any reason due to the termination of this Lease under this Section 11.2, including (without limitation) past due amounts, any remaining unpaid balance of amortized construction costs, loss and damage due to the failure of Tenant to maintain and/or repair the Premises as required hereunder and/or due to the inability of Landlord to relet the Premises on reasonably satisfactory terms or otherwise. Landlord's entry exercise, following a default by Tenant under this Lease, of any right granted hereunder or under any applicable law to lock out or change the locks securing the Premises shall not impose upon Landlord any duty to notify Tenant of the Leased Premises name and address or telephone number of the individual or company from whom a new key may be obtained, nor shall Landlord have any duty to provide Tenant with a new key or any other means of access to the Premises. To the maximum extent permitted by law, Landlord and Tenant agree that the parties hereto intend that all rights and remedies of Landlord under the this Lease shall supersede any conflicting provisions of subparagraphs (a), (b)the General Statutes of North Carolina, and (c) aboveany amendments, no restriction ofmodifications, recodification or other changes thereto. Notwithstanding any other remedy set forth in this Lease, if Landlord has made rent concessions of any type or character, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of lockswaived any Base Rent, and Tenant will have no further right of fails to take possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(f) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages.
(g) No re-entry or reletting of the Premises on the Commencement Date or otherwise defaults at any filing time during the term of this Lease beyond any applicable cure periods, the rent concessions, including any waived Base Rent, shall be canceled and the amount of the Base Rent or service other rent concessions shall be due and payable immediately as if no rent concessions or waiver of an unlawful detainer action any Base Rent had ever been granted. A rent concession or similar action waiver of the Base Rent shall not relieve Tenant of any obligation to pay any other charge due and payable under this Lease. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Landlord only by written notice of such termination to Tenant given in accordance with Section 13.7 below, and no other act or omission of Landlord shall be construed as an election by Landlord to terminate a termination of this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002Lease.
Appears in 1 contract
Samples: Lease Agreement (Liposcience Inc)
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 OFFICE LEASE AGREEMENT - Page - 24 ---------------------- 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 actionsactions except for damages caused by the gross negligence or wilful misconduct of Landlord or Landlord's Representatives. 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 commercially reasonable terms or otherwise. Tenant acknowledges that its obligation to pay Base Rent and all additional 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 demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costs.
(c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph.
(d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(f) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages.
(g) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.
Appears in 1 contract
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence oxxxxxxnce of any event of defaultor default set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth herein without any prior notice or demand:
(a1) 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 leased premises and expel or remove Tenant and any other person who may wxx xxx be occupying all or any part of the Leased Premises (leased premises without being liable for prosecution or any claim for damages therefor) damages, and relet the Leased Premises leased premises on behalf of Tenant and receive directly the rent from xxxxxxly by reason of the reletting. Tenant agrees to pay Landlord on demand landlord xx xxmand any deficiency that may arise by reason of any reletting of the Leased Premises and leased premises; further, Tenant agrees to reimburse Landlord on demand Lxxxxxxd for any lossesexpenditures made by it in order to relet the leased premises, costsincluding, but not limited to, remodeling and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement repair costs.
(c2) Without terminating this Lease, Landlord may enter upon the Leased Premises (leased premises without being liable for prosecution or any claim for damages therefor) damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord Laxxxxxx on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. ; further Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraphLease caused by the acts or omissions of Landlord or otherwise.
(d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e3) Landlord may pursue terminate this Lease, in which event Tenant shall immediately surrender the leased premises to Landlord, and if Tenant fails to surrender the xxxxxd premises, Landlord may, without prejudice to any other remedy provided at law which it may have for possession or arrearages in equity.
(f) rent, enter upon and take possession of the leased premises and remove Tenant and any other person wxx xxx be occupying all or any part of the leased premises without being liable for any claim for damages. Tenant agrees to pay on demanx xxx amount of all loss and damage which Landlord shall have no duty may suffer by reason of the termination of this Lease under this section, whether through inability to relet the Premises, and the failure of Landlord to do so shall not release leased premises on satisfactory terms or affect Tenant's liability for Rent and other charges due hereunder or for damagesotherwise.
(g) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.
Appears in 1 contract
Samples: Warehouse Lease (PSC Inc)
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 falls 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 demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Tenant agrees that Tenant shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costsbe entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim to such excess rental.
(c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence of Landlord or otherwise.
(d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(f) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages.
(g) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.
Appears in 1 contract
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of defaultdefault set forth in this Lease, 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 the Lease under this subparagraph, whether through inability to rent relet 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 shall, at the option of Landlord be immediately due and payable to the extent allowed by lawpayable.
(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 receive, directly the rent from of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord and Tenant agree that Tenant shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costsbe entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim to such excess rental.
(c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence of Landlord or otherwise.
(d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(fe) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability Liability for Rent Rentals and other charges due hereunder or for damages.
(gf) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, . Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.
Appears in 1 contract
Samples: Commercial Lease Agreement (Monitronics International Inc)
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of defaultdefault set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth in this Section 11.2 without any prior additional notice or demand:
(a1) Without declaring the Lease terminated, 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, by picking or changing locks if necessary, and lock out, 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) damages, and relet the Leased Premises on behalf of Tenant and receive directly the rent from directly by reason of the reletting. Tenant agrees to pay Landlord on demand all amounts then due under this Lease, any deficiency that may arise by reason of any reletting of the Leased Premises and the unpaid balance of any amortized construction cost of Tenant improvements; further, Tenant agrees to reimburse Landlord on demand for any lossesreasonable expenditure made by it in order to relet the Premises, including, but not limited to, remodeling and repair costs, and expenses, including without limitation, reconfiguration expenses*, brokerage commissions free rent or rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costsattorneys’ fees.
(c2) Without terminating this Leasedeclaring the Lease terminated, Landlord may enter upon the Leased Premises (Premises, by picking or changing locks if necessary, without being liable for prosecution or any claim for damages therefor) damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and reasonable expenses which Landlord may incur in effecting compliance with Tenant's ’s obligations under this Lease. ; further, Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's ’s obligations under this subparagraphLease caused by the negligence of Landlord or otherwise.
(d3) With respect Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord's entry , and if Tenant fails to surrender the Premises, Landlord 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 Tenant and any other person who may be occupying all or any part of the Premises without being liable for any claim for damages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer for any reason due to the termination of this Lease under this Section 11.2, including (without limitation) past due amounts, any remaining unpaid balance of amortized construction costs, loss and damage due to the failure of Tenant to maintain and/or repair the Premises as required hereunder and/or due to the inability of Landlord to relet the Premises on reasonably satisfactory terms or otherwise. Landlord’s exercise, following a default by Tenant under this Lease, of any right granted hereunder or under any applicable law to lock out or change the locks securing the Premises shall not impose upon Landlord any duty to notify Tenant of the name and address or telephone number of the individual or company from whom a new key may be obtained, nor shall Landlord have any duty to provide Tenant with a new key or any other means of access to the Premises. To the maximum extent permitted by law, Landlord and Tenant agree that the parties hereto intend that all rights and remedies of Landlord under this Lease shall supersede any conflicting provisions of subparagraphs (a), (b)the General Statutes of North Carolina, and (c) aboveany amendments, no restriction ofmodifications, recodification or other changes thereto. Notwithstanding any other remedy set forth in this Lease, if Landlord has made rent concessions of any type or character, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of lockswaived any Base Rent, and Tenant will have no further right of fails to take possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(f) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages.
(g) No re-entry or reletting of the Premises on the Commencement Date or otherwise defaults at any filing time during the term of this Lease beyond any applicable cure periods, the rent concessions, including any waived Base Rent, shall be canceled and the amount of the Base Rent or service other rent concessions shall be due and payable immediately as if no rent concessions or waiver of an unlawful detainer action any Base Rent had ever been granted. A rent concession or similar action waiver of the Base Rent shall not relieve Tenant of any obligation to pay any other charge due and payable under this Lease. Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Landlord only by written notice of such termination to Tenant given in accordance with Section 13.7 below, and no other act or omission of Landlord shall be construed as an election by Landlord to terminate a termination of this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002Lease.
Appears in 1 contract
Samples: Lease Agreement (Liposcience Inc)
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of defaultdefault set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth in this Section without any prior additional 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.
(b1) Without termination of this Leasedeclaring the Lease terminated, 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 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 Leased Premises and to reimburse Landlord on demand for any lossesPremises; further, costs, and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costs.
(c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Leased Premises, including, but not limited to, remodeling and repair costs.
(2) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord. Tenant agrees to pay on demand for any losses, costs the amount of all loss and expenses damage which Landlord may incur in effecting compliance with Tenant's obligations suffer for any reason due to the termination of this Lease under this Lease. Section, including (without limitation) loss and damage due to the failure of Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph.
(d) With respect to Landlord's entry upon maintain and/or repair the Leased Premises under as required hereunder and/or due to the provisions inability of subparagraphs (a), (b), and (c) above, no restriction of, Landlord to relet the Leased Premises on satisfactory terms or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded herebyotherwise. In particularaddition to any other remedy set forth in this Lease, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(f) Landlord shall have no duty all rights and remedies available pursuant to relet North Carolina law. Notwithstanding anything contained in this Lease to the Premisescontrary, this Lease may be terminated by Landlord only by written notice of such termination of Tenant given in accordance with Section 12.11 below, and the failure no other act or omission of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages.
(g) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate a termination of this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002Lease.
Appears in 1 contract
Samples: Lease Agreement
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of defaultdefault set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth herein without any prior notice or demand:.
(a1) 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 Premisesleased premises, by picking or changing locks if necessary, and lock out, 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 (leased premises without being liable for prosecution or any claim for damages therefor) damages, and relet the Leased Premises leased premises on behalf of Tenant and receive directly the rent from 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 Leased Premises and leased premises; further, Tenant agrees to reimburse Landlord on demand for any lossesexpenditures made by it in order to relet the leased premises, costsincluding, but not limited to, remodeling and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement repair costs.
(c2) Without terminating this Lease, Landlord may enter upon the Leased Premises (leased premises, by picking or changing locks if necessary, without being liable for prosecution or any claim for damages therefor) damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. ; further, Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraphLease caused by the negligence of Landlord or otherwise.
(d3) With respect Landlord may terminate this Lease, in which event Tenant shall immediately surrender the leased premises to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitationif Tenant fails to surrender the leased premises, Landlord will may, without prejudice to any other remedy which it may have no duty for possession or responsibility 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 Tenant and any other person who may be occupying all or any part of the leased premises without being liable for any claim for damages. Tenant agrees to Tenant pay on demand the amount of all loss and damage which Landlord may suffer by reason of the termination of this Lease under this section, whether through inability to tender a key relet the leased premises on satisfactory terms or otherwise. Notwithstanding any other remedy set forth in this Lease, in the event Landlord has made rent concessions of a change of locksany type or character, or waived any base rent, and Tenant will have no further right of fails to take possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(f) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages.
(g) No re-entry or reletting of the Premises leased premises on the commencement or any filing completion date or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may otherwise defaults at any time thereafter elect 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 Tenant of any obligation to terminate pay any other charge due and payable under this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE including without limitation any sum due under section 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.
Appears in 1 contract
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of defaultdefault set forth in this Lease, 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 the Lease under this subparagraph, whether through inability to rent relet 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 ; a default in timely payment of all sums 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 shall, at the option of Landlord be immediately due and payable to the extent allowed by lawpayable.
(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 of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord and Tenant agree that Tenant shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costsbe entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim to such excess, rental.
(c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this subparagraph, whether caused by the negligence of Landlord or otherwise.
(d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(fe) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability for Rent Rentals and other charges due hereunder or for damages.
(gf) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, . Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.
Appears in 1 contract
Samples: Commercial Lease Agreement (Monitronics International Inc)
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of defaultdefault set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies set forth in this Section 11.2 without any prior additional notice or demand:
(a1) Within declaring the Lease Terminated, Landlord may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant 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 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 Leased Premises; further, Tenant agrees to reimburse Landlord for any reasonable expenditures made by it in order to relet the Leased premises, including, but not limited to, remodeling and repair costs.
(2) Without declaring the lease terminated, Landlord may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease; further, Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this Lease caused by the negligence of Landlord or otherwise.
(3) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do sosurrender the Leased Premises, Landlord may, without prejudice to any other remedy which it may havehave for possession or arrearages in rent, enter upon and take possession of the Leased Premises, and expel by picking 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, deficiencieschanging locks if necessary, and damageslock out, 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 therefordamages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer for any reason due to the termination of this Lease under this Section 11.2, including (without limitation) loss and damage due to the failure of Tenant to maintain and/or repair the Lease Premises as required hereunder and/or due to the inability of Landlord to relet the Leased Premises on behalf of satisfactory terms or otherwise. Initial ____ 14 15 Landlord's exercise, following a default by Tenant and receive directly the rent from the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason under this Lease, of any reletting right granted hereunder or under any applicable law to lock out or change the locks securing the Leased Premised shall not impose upon Landlord any duty to notify Tenant of the name and address or telephone number of the individual or company from whom a new key may be obtained, nor shall Landlord have any duty to provide Tenant with a new key or any other means of access to the Leased Premises. Landlord and Tenant agree that the parties hereto intend that all rights and remedies of Landlord under this Lease or otherwise available to Landlord under applicable law shall supersede any conflicting provisions of Chapters 92 and 93 of the Texas Property Code, and any amendments, modifications, recodification or other changes thereto. Notwithstanding any other remedy set forth in this Lease, if Landlord has made rent concessions of any type or character, or waived any base rent, and Tenant fails to take possession of the Leased Premises and to reimburse Landlord on demand for the commencement Date or otherwise defaults at any lossestime during the term of this Lease, costs, and expensesthe 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 Tenant of any obligation to pay an other charge due and payable under this Lease, including, without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costs.
(c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do sum due under the terms Section 2.3 of this Lease. Tenant agrees Notwithstanding anything contained in this Lease to reimburse the contrary, this Lease may be terminated by Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting only by written notice of such termination to Tenant from effecting compliance given in accordance with Tenant's obligations under this subparagraph.
(d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b)Section 14.7 below, and (c) above, no restriction of, other act or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(f) Landlord shall have no duty to relet the Premises, and the failure omission of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages.
(g) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate a termination of this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002Lease.
Appears in 1 contract
Samples: Office Lease (FWT Inc)
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of defaultdefault set forth in this Lease, 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 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 the lease under this subparagraph, whether through inability to rent relet the Leased Premises on satisfactory terms or otherwise. Tenant acknowledges that its obligation to pay Base 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 shall, at the option of Landlord Landlord, be immediately due and payable to the extent allowed by lawpayable.
(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) without terminating this lease and relet the Leased Premises on behalf of Tenant and receive directly the rent from of the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason of any reletting of the Leased Premises and to reimburse Landlord on demand for any losses, costs, and expenses, including without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises, Tenant further agrees to reimburse Landlord for any expenditures made by it for remodeling or repairs necessary in order to relet the Leased Premises. *Reconfiguration expenses In the event Landlord is successful in reletting the Leased Premises at a rental in excess of that agreed to be paid by Tenant pursuant to this Lease, Landlord and Tenant agree that Tenant shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costsbe entitled, under any circumstances, to such excess rental, and Tenant does hereby specifically waive any claim or such excess rental.
(c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting a compliance with Tenant's obligations under this subparagraphsubparagraph whether caused by the negligence of Landlord or otherwise.
(d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b), and (c) above, no restriction of, or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(fe) Landlord shall have no duty to relet the Premises, and the failure of Landlord to do so shall not release or affect Tenant's liability for Rent Rental and other charges due hereunder or for damages.
(gf) No re-entry or reletting relenting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate Tenant's right to possession under this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002.
Appears in 1 contract
Samples: Lease Agreement (Company Doctor)
REMEDIES FOR TENANT'S DEFAULT. Upon the occurrence of any event of defaultdefault set forth in this Lease, Landlord shall have the option to pursue any one or more of the following remedies without any prior additional notice or demand:
(a) Without declaring this Lease terminated, Landlord may enter upon and take possession of the Leased Premises, by picking or changing locks if necessary, and lock out, expel or remove Tenant 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 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 Leased Premises; further, Tenant agrees to reimburse Landlord for any expenditures made by it in order to relet the Leased Premises, including, but not limited to, remodeling, brokerage commissions and repair costs.
(b) Without declaring this Lease terminated, Landlord may enter upon the Leased Premises, by picking or changing locks if necessary, without being liable for any claim for damages, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease; further, Tenant agrees that Landlord shall not be liable for any damages resulting to Tenant from effecting compliance with Tenant's obligations under this Lease caused by the negligence of Landlord or otherwise.
(c) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do sosurrender the Leased Premises, Landlord may, without prejudice to any other remedy which it may havehave for possession or arrearages in rent, enter upon and take possession of the Leased Premises. by picking or changing locks if necessary, 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 losseslock out, 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 therefordamages. Tenant agrees to pay on demand the amount of all loss and damage which Landlord may suffer for any reason due to the termination of this Lease under this Section 10.2, including (without limitation) loss and damage due to the failure of Tenant to maintain and/or repair the Leased Premises as required hereunder and/or due to the inability of Landlord to relet the Leased Premises on behalf of satisfactory terms or otherwise. Landlord's exercise, following a default by Tenant and receive directly the rent from the reletting. Tenant agrees to pay Landlord on demand any deficiency that may arise by reason under this Lease, of any reletting right granted hereunder or under any applicable law to lock out or change the locks securing the Leased Premises shall not impose upon Landlord any duty to notify Tenant of the name and address or telephone number of the individual or company from whom a new key may be obtained, nor shall Landlord have any duty to provide Tenant with a new key or any other means of access to the Leased Premises. Landlord and Tenant agree that the parties hereto intend that all rights and remedies of Landlord under this Lease or otherwise available to Landlord under applicable law shall supersede any conflicting provisions of Chapters the Property Code of the state where the property is located, and any amendments, modifications, recodification or other changes thereto. Notwithstanding any other remedy set forth in this Lease, if Landlord has made rent concessions of any type or character, or waived any base rent, and Tenant fails to take possession of the Leased Premises and to reimburse Landlord on demand for the Commencement Date or otherwise defaults at any lossestime during the term of this Lease, costs, and expensesthe 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 Tenant of any obligation to pay any other charge due and payable under this Lease, including, without limitation, reconfiguration expenses*, rental concessions and other inducements to new tenants, advertising costs or broker's commissions, which Landlord may incur or suffer as a result of Tenant's default or in reletting the Leased Premises. *Reconfiguration expenses shall not exceed the unpaid amortized portion of Tenant's original tenant improvement costs.
(c) Without terminating this Lease, Landlord may enter upon the Leased Premises (without being liable for prosecution or any claim for damages therefor) and do whatever Tenant is obligated to do sum due under the terms Section 2.4 of this Lease. Tenant agrees Notwithstanding anything contained in this Lease to reimburse the contrary, this Lease may be terminated by Landlord on demand for any losses, costs and expenses which Landlord may incur in effecting compliance with Tenant's obligations under this Lease. Tenant further agrees that Landlord shall not be liable for any damages resulting only by written notice of such termination to Tenant from effecting compliance given in accordance with Tenant's obligations under this subparagraph.
(d) With respect to Landlord's entry upon the Leased Premises under the provisions of subparagraphs (a), (b)Section 11.7 below, and (c) above, no restriction of, other act or obligation imposed upon Landlord by, Texas Property Code Section 93.002 shall apply, such Section being superseded hereby. In particular, but without limitation, Landlord will have no duty or responsibility to Tenant to tender a key in the event of a change of locks, and Tenant will have no further right of possession except as otherwise expressly agreed by Landlord in writing. If Landlord changes the locks, Tenant shall be allowed to retrieve its business records from the Leased Premises.
(e) Landlord may pursue any remedy provided at law or in equity.
(f) Landlord shall have no duty to relet the Premises, and the failure omission of Landlord to do so shall not release or affect Tenant's liability for Rent and other charges due hereunder or for damages.
(g) No re-entry or reletting of the Premises or any filing or service of an unlawful detainer action or similar action shall be construed as an election by Landlord to terminate a termination of this Lease unless a written notice of such intention is given by Landlord to Tenant. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease and Tenant's right to possession hereunder. COMMERCIAL LEASE AGREEMENT - PAGE 20 -------------------------- LEASE 2
(h) To the extent allowed by law, Tenant hereby waives the protections and rights provided by Texas Property Code Section 93.002Lease.
Appears in 1 contract
Samples: Lease Agreement (Deep Down, Inc.)
