Common use of Remedies in Case of Default Clause in Contracts

Remedies in Case of Default. 6.01. If any one or more of the following events shall occur and be continuing: (a) default shall be made by Tenant in the due and punctual payment of Basic Rent as and when the same becomes due and payable, and such default shall continue for a period of ten (10) days after notice from Landlord to Tenant; or (b) default shall be made by Tenant in the performance of any other term or provision of this Lease and such default shall continue for a period of twenty (20) days after notice by Landlord to Tenant; or (c) Tenant shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future bankruptcy or other applicable law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of all or any substantial part of Tenant's property or its leasehold interest in the Premises, or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or (i) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future bankruptcy or other applicable law, or (ii) any trustee, receiver or liquidator of Tenant or of all or any substantial part of Tenant's property or its leasehold interest in the Premises shall be appointed without the consent or acquiescence of Tenant; and such order, judgment, decree or appointment shall remain unvacated or unstayed for an aggregate of sixty (60) days (whether or not consecutive); or (e) default shall be made by Tenant in the performance of any term or provision of any lease or sublease (other than this Lease) covering any premises used for software development business purposes in conjunction with the Premises; then, in any such event, Landlord, at its option, by notice to Tenant, may designate a date not less than thirty (30) days from the giving of such notice on which this Lease shall terminate in all respects as if such a date were the Expiration Date. 6.02. Upon any such termination, Tenant shall quit and peacefully surrender its interest in the Premises to Landlord, and Landlord, upon and at any time after such termination, without further notice, may reenter and repossess the Premises, either by force, summary proceedings or otherwise, without being subject to any prosecution therefor. 6.03. At any time and from time to time after such termination of this Lease, Landlord may relet the Premises or any part thereof for such term or terms and on such conditions as Landlord in its discretion may determine, and Landlord may collect and receive the rents therefor. Landlord in no way shall be responsible or liable for any failure to relet the Premises or any part thereof or for any rent upon any such reletting. 6.04. No such termination of this Lease shall relieve Tenant of its liabilities and obligations under this Lease, and such liabilities and obligations shall survive any such termination. In the event of any such termination, whether or not the Premises or any part thereof shall have been relet, Tenant shall pay Basic Rent and Additional Rent required to be paid under this Lease by Tenant up to the time of such termination. Thereafter, until the Expiration Date, Tenant shall pay to Landlord as liquidated damages for its default (a) Basic Rent and Additional Rent which would have been payable by Tenant under this Lease were it still in effect, less (b) the net proceeds of reletting, if any, effected pursuant to Section 6.03, after deducting all expenses of Landlord in connection with such reletting. Tenant shall pay such liquidated damages on the days on which Basic Rent and Additional Rent would have been payable under this Lease if it were still in effect. 6.05. At any time after a termination of this Lease pursuant to Section 6.01, whether or not Landlord shall have collected any liquidated damages pursuant to Section 6.04, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord on demand, as and for liquidated final damages for Tenant's default ("Final Damages") and in lieu of all liquidated damages pursuant to Section 6.04 beyond the date of such demand, an amount equal to the excess if any of (a) Basic Rent which would be payable under this Lease from (i) the date to which Tenant shall have satisfied in full its obligations to pay liquidated damages pursuant to Section 6.04, to (ii) the Expiration Date, over (b) the then fair net rental value (net after Additional Rent) of the Premises for the same period, both discounted to present worth at the rate of six percent (6%) per annum, compounded annually. However, if any statute or rule of law shall limit the amount of Final Damages to an amount less than the above agreed-upon amount, Landlord shall be entitled to prove as Final Damages the maximum amount allowable under such statute or rule of law. 6.06. In the event of any expiration or termination of the Lease Term, Tenant, so far as permitted by law, hereby expressly waives (a) the service of any notice of intention to reenter provided for by law, (b) the institution of legal proceedings for reentry or repossession, and (c) any and all rights to redeem, reenter or repossess the Premises, or to restore the operation of this Lease. Tenant also waives any right to trial by jury in the event that, upon any expiration or termination of the Lease Term, legal proceedings shall be instituted by Landlord and further waives the benefits of any and all laws now or hereafter in force exempting property from liability for rent or for debt. The terms "enter", "reenter", "entry" or "reentry" as used in this Lease are not restricted to their technical legal meaning.

Appears in 2 contracts

Samples: Lease Agreement (Tomax Corp), Lease Agreement (Tomax Corp)

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Remedies in Case of Default. 6.01. If any one or more during the term of the following events shall occur and be continuingthis Lease Tenant shall: (a) default shall be made by Tenant in fail to pay any installment of the due and punctual payment of Basic Rent or any Additional Rent as and when the same becomes due and payable, and such default shall continue for a period of ten (10) days after notice from Landlord to Tenantdays; or (b) default shall be made by Tenant in the performance of or compliance with Article 7 hereof; or (c) default in its performance of or compliance with any of the other term agreements, terms or provision conditions of this Lease Lease, and such default shall continue for a period of twenty (20) 20 days after notice by Landlord to Tenant; or (cd) Tenant shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution readjustment or similar relief release under any present or any future bankruptcy or other applicable law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of all or any substantial part of Tenant's property or its leasehold interest in the Demised Premises, or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or (ie) fail, for a court period of competent jurisdiction shall enter 30 days after the filing of an order, judgment involuntary petition in bankruptcy against Tenant or decree approving a petition filed the commencement of any proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution readjustment or similar relief under any present or future bankruptcy or other applicable law, to have such petition or (ii) any trustee, receiver or liquidator of Tenant or of all or any substantial part of Tenant's property or its leasehold interest in the Premises shall be appointed without the consent or acquiescence of Tenant; and such order, judgment, decree or appointment shall remain unvacated or unstayed for an aggregate of sixty (60) days (whether or not consecutive); or (e) default shall be made by Tenant in the performance of any term or provision of any lease or sublease (other than this Lease) covering any premises used for software development business purposes in conjunction with the Premises; then, in any such event, Landlord, at its option, by notice to Tenant, may designate a date not less than thirty (30) days from the giving of such notice on which this Lease shall terminate in all respects as if such a date were the Expiration Dateproceeding dismissed. 6.02. Upon any such termination, Tenant shall quit and peacefully surrender its interest in the Demised Premises to Landlord, and Landlord, Landlord upon and at any time after such terminationtermination may, without further notice, may reenter re-enter and repossess the PremisesDemised Premises as against Tenant, either by force, summary proceedings or otherwise, without being subject liable to any prosecution therefor. 6.03. At any time and or from time to time after such termination of this Lease, Landlord may relet the Demised Premises or any part thereof in the name of Landlord or otherwise for such term or terms and on such conditions as Landlord in its discretion may determine, determine and Landlord may collect and receive the rents therefor. Landlord shall in no way shall be responsible or liable for any failure to relet the Demised Premises or any part thereof or for any failure to collect any rent upon any such relettingreleting. 6.04. No such termination of this Lease shall relieve Tenant of its liabilities liability and obligations under this Lease, and such liabilities liability and obligations shall survive any such termination. In the event of any such termination, whether or not the Demised Premises or any part thereof shall have been relet, Tenant shall pay the Basic Rent and all Additional Rent required to be paid under this Lease by Tenant Tenant, up to the time of such termination. Thereafter, and thereafter Tenant, until the Expiration Dateend of the period which would have been the expiration of the term of this Lease in the absence of such termination, Tenant shall pay to Landlord as agreed and liquidated damages for its default (a) the Basic Rent and Additional Rent which would have been be payable by Tenant under this Lease if this Lease were it still in effect, less (b) the net proceeds of reletting, if any, any reletting effected pursuant to Section Article 6.03, after deducting all Landlord's expenses of Landlord in connection with such reletting. Tenant shall pay such liquidated damages on the days on which Basic Rent and Additional Rent rent would have been payable under this Lease if it were still in effect, and Landlord shall be entitled to recover from Tenant each payment with respect to liquidated damages as the same shall arise. 6.05. At any time after a termination of this Lease pursuant to Section 6.01Article 6.01 hereof, whether or not Landlord shall have collected any liquidated damages pursuant to Section 6.04Article 6.04 hereof, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord Landlord, on demand, as and for liquidated and agreed final damages for Tenant's default (herein called "Final Damages") and in lieu of all liquidated damages pursuant to Section Article 6.04 hereof beyond the date of such demand, an amount equal to the excess excess, if any any, of (ax) the Basic Rent and Additional Rent which would be payable under this Lease from (i) the date to which Tenant shall have satisfied in full its obligations under this Article 6.05 to pay liquidated damages pursuant to Section 6.04, Article 6.04 hereof to (ii) the Expiration Datedate on which the then unexpired term of this Lease would end if the same remained in effect, over (by) the then fair net rental value (net after all Additional Rent) of the Demised Premises for the same period, both discounted to present worth at the rate of six percent (6%) 4% per annum, compounded annually. HoweverIf however, if any statute or rule of law governing a proceeding in which such liquidated Final Damages are to be proved or determined shall validly limit the amount of Final Damages thereof to an amount less than the above agreed-agreed upon amount, Landlord shall be entitled to prove as and for liquidated Final Damages for Tenant's default the maximum amount allowable under such statute or rule of law. 6.06. In the event of any expiration or termination of the Lease Termterm of this Lease, Tenant, so far as permitted by law, hereby expressly waives (a) and will waive the service of any notice of intention to reenter re-enter provided for by lawin any statute, (b) or of the institution of legal proceedings for reentry or repossessionto that end, and (c) also waives and will waive any and all rights to redeem, reenter right of redemption or repossess the Premises, re-entry or repossession or to restore the operation of this Lease in case Tenant shall be dispossessed by a judgment or by warrant of any court or judge or in case of re-entry or repossession by Landlord or in case of any expiration of the term of this Lease. Tenant also also, as far as permitted by law, waives and will waive any and all right to a trial by jury in the event that, upon any expiration or termination of the Lease Termterm of this Lease, legal summary proceedings shall be instituted by Landlord Landlord, and further waives the benefits of any and all laws now or hereafter in force exempting property from liability for rent or for debt. The terms "enter", "reenterre-enter", "entry" or "reentry" re-entry", as used in this Lease Lease, are not restricted to their technical legal meaning.

Appears in 1 contract

Samples: Dealership Lease (Sunbelt Automotive Group Inc)

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Remedies in Case of Default. 6.01Section. 7.1. If any one or more of the following events shall occur occurs, it is hereby defined as and is declared to be continuingand to constitute an "event of default": (a) default shall be made by Tenant Default in the due and punctual payment of Basic Rent as the interest on any bonds hereby secured and when outstanding; (b) Default in the same becomes due and payablepunctual payment of the principal of any bond hereby secured, whether at the stated maturity thereof, or upon proceedings for the redemption thereof; (c) Default in the performance or observance of any other of the covenants or agreements of the Authority in this Indenture or in any supplemental indenture, or in the bonds, contained, and such default shall continue the continuance thereof for a period of ten sixty (1060) days after written notice from Landlord thereof to Tenant; orthe Authority by the Trustee; (bd) default shall be made by Tenant in If the performance of any other term or provision of this Lease and such default shall continue for a period of twenty Authority (201) days after notice by Landlord to Tenant; or (c) Tenant shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future bankruptcy or other applicable law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of all or any substantial part of Tenant's property or its leasehold interest in the Premises, or shall make any general assignment for the benefit of creditors, or shall admit admits in writing its inability to pay its debts generally as they become due; or(2) files a petition in bankruptcy; (3) makes an assignment for the benefit of its creditors; or (4) consents to or fails to contest the appointment of a receiver or trustee for itself or of the whole or any substantial part of the Project; (ie) If the Authority (1) is adjudged insolvent by a court of competent jurisdiction; (2) on a petition in bankruptcy filed against the Authority is adjudged a bankrupt; or (3) if an order, judgment or decree be entered by any court of competent jurisdiction appointing, without the consent of the Authority, a receiver or trustee of the Authority or of the whole or any substantial part of the Project, and any of the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within sixty (60) days from the date of entry thereof; (f) If any judgment shall be recovered against the Authority or any attachment or other court process issue that shall become or create a lien upon any of its property, and such judgment, attachment, or court process shall not be discharged or effectually secured within sixty (60) days; (g) If the Authority shall file a petition under the provisions of the U.S. Bankruptcy Code, as amended ("Bankruptcy Code"), or file answer seeking the relief provided in the Bankruptcy Code; (h) If a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Tenant seeking the Authority under the provisions of the Bankruptcy Code, and such judgment, order or decree shall not be vacated or set aside or stayed within one hundred twenty (120) days from the date of the entry thereof; (i) If, under the provisions of any reorganizationother law now or hereafter existing for the relief or aid of debtors, arrangement, composition, readjustment, liquidation, dissolution any court of competent jurisdiction shall assume custody or similar relief under any present or future bankruptcy or other applicable law, or (ii) any trustee, receiver or liquidator control of Tenant the Authority or of all the whole or any substantial part of Tenant's property or its leasehold interest in the Premises shall be appointed without the consent or acquiescence of Tenant; Project, and such ordercustody or control shall not be terminated within one hundred twenty (120) days from the date of assumption of such custody or control; (j) Failure of the Authority to bring suit to mandate the Commission or officials of the Commission to collect and use the General Revenues and, judgmentto the extent General Revenues are not sufficient, decree the Special Benefits Tax to pay rentals due under the Lease or appointment shall remain unvacated or unstayed for an aggregate of such other action to enforce the Lease as is reasonably requested by the Trustee, if such rental is more than sixty (60) days (whether or not consecutive); orin default; (ek) default If the lease rental provided for in the Lease is not paid within sixty (60) days after each date it is due. (l) In case there shall be pending proceedings for the bankruptcy or for the reorganization or arrangement of the Authority under the Federal Bankruptcy Code or any other applicable law relative to such Authority, its creditors or its property, or in case a receiver or trustee shall have been appointed for its property, the Trustee, irrespective of whether the principal of bonds shall then be due and payable and irrespective of whether the Trustee shall have made by Tenant in any demand pursuant to the performance provisions of any term or provision of any lease or sublease (other than this Lease) covering any premises used for software development business purposes in conjunction with the Premises; thenIndenture, in any such event, Landlord, at its optionshall be entitled and empowered, by notice to Tenant, may designate a date not less than thirty (30) days from the giving of intervention in such notice on which this Lease shall terminate in all respects as if such a date were the Expiration Date. 6.02. Upon any such termination, Tenant shall quit and peacefully surrender its interest in the Premises to Landlord, and Landlord, upon and at any time after such termination, without further notice, may reenter and repossess the Premises, either by force, summary proceedings or otherwise, without to file and prove a claim for the whole amount of principal, premium, if any, and interest owing and unpaid in respect of and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee and of the holders of the Bonds allowed in such judicial proceedings and to collect and receive any moneys or other property payable or deliverable on any such claims, and to distribute the same after the deduction of its charges and expenses; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized by each of such holders to make such payments to the Trustee, and, in the event that the Trustee shall consent to the making of such payments directly to such holders, to pay the Trustee any amount due it for compensation and expenses; including counsel fees incurred by it up to the date of such distribution. To the extent that such payment of reasonable compensation, expenses and counsel fees out of the estate in any such proceedings shall be denied for any reason, payment of the same shall be secured by a lien on, and shall be paid out of, any and all distributions, dividends, moneys, securities and other property which the holders of the bonds may be entitled to receive in such proceedings. Accounts paid and payable to the Trustee hereunder shall constitute administrative expenses in any bankruptcy proceeding; Section. 7.2. In the case of the happening and continuance of any of the events of default specified in Section 7.1, then the Trustee, by notice in writing mailed to the Authority, may, and upon written request of the owners of twenty-five percent (25%) in principal amount of the bonds then outstanding hereunder and upon being subject indemnified to its reasonable satisfaction, shall proceed to protect and enforce its rights and the rights of the owners of the bonds by suit or suits in equity or at law, or in any court of competent jurisdiction, whether for specific performance of any covenant or agreement contained herein or in aid of any power herein granted, or for the enforcement of any other appropriate legal or equitable remedy. No remedy by the terms of this Indenture conferred upon or reserved to the Trustee or to the bondholders is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any prosecution thereforother remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein; and every such right or power may be exercised from time to time and as often as may be deemed expedient. 6.03Section. At 7.3. If default occurs with respect to the payment of principal or interest due hereunder, interest shall be payable on overdue principal and overdue interest both at the highest rate of interest on any time of the bonds when sold, whether or not then outstanding. Section. 7.4. Upon the occurrence of one or more events of default, the Authority, upon demand of the Trustee, shall forthwith surrender to the Trustee the actual possession of, and it shall be lawful for the Trustee by such officer or agent as it may appoint with or without process of law to take possession of, all the Project and to hold, operate and manage the same, and from time to time after to make all needful repairs and such termination extensions, additions or improvements as to the Trustee shall seem wise; and to receive the rents, revenues, issues, earnings, income, profits and proceeds thereof and out of the same to pay all proper costs and expenses of so taking, holding and managing the same, including reasonable compensation to the Trustee, its agents and counsel, any charges of the Trustee hereunder, any taxes and assessments and other charges prior to the lien of this LeaseIndenture which the Trustee may deem it wise to pay, Landlord and all expenses in connection therewith; and to apply the remainder of the moneys so received by the Trustee, first, to the payment of the installments of interest which are due and unpaid in the order of their maturity, and next, if the principal of said bonds is due, to the payment of the principal thereof and the accrued interest thereon pro rata, without any preference or priority whatsoever except as aforesaid. Whenever all that is due upon such bonds and installment of interest and under any of the terms of this Indenture shall have been paid, and all defaults made good, the Trustee shall surrender possession to the Authority, its successors or assigns, but the same right of entry shall exist upon any subsequent default. The Trustee shall be under no obligation, however, to act under this Section 7.4 unless, in the exercise of its discretion, it is willing to do so. Section. 7.5. In case of an event of default hereunder and upon the filing of judicial proceedings to enforce the rights of the Trustee and of the bondholders hereunder, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Project and of the rents, revenues, issues, earnings, income and proceeds thereof pending such proceedings, with such powers as the court making such appointment shall confer. Section. 7.6. All rights of action under this Indenture or under any of the bonds, including the right to file and prove a claim in any receivership, insolvency, bankruptcy, or other similar proceedings for the entire amount due and payable by the Authority under this Indenture, may relet be enforced by the Premises Trustee without the possession of any of the bonds or the production thereof in any trial or other proceeding relating thereto, and any suit or proceeding instituted by the Trustee shall be brought in its name as Trustee, and any recovery shall be for the equal benefit of the owners of the outstanding bonds. Section. 7.7. It is hereby declared and agreed, as a condition upon which each successive owner of all or any part thereof such bonds receives and holds the same, that no owner or owners of any such bond shall have the right to institute any proceeding in law or equity for such term the foreclosure of this Indenture, or terms and on such conditions as Landlord in its discretion may determinefor the appointment of a receiver, and Landlord may collect and receive the rents therefor. Landlord in no way shall be responsible or liable for any failure to relet the Premises or any part thereof or for any rent upon any other remedy under this Indenture, without first giving notice in writing to the Trustee of the occurrence and continuance of an event of default as aforesaid, and unless the owners of at least twenty-five percent (25%) in principal amount of the then outstanding bonds shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such reletting. 6.04. No action, suit or proceeding in its own name, and without also having offered to the Trustee adequate security and indemnity against the costs, expenses and liabilities to be by the Trustee incurred therein or thereby; and such termination notice, request, and offer of indemnity may be required by the Trustee as conditions precedent to the execution of the powers and trusts of this Lease shall relieve Tenant Indenture or to the institution of its liabilities and obligations under this Leaseany suit, and such liabilities and obligations shall survive action or proceeding at law or in equity for the foreclosure hereof, for the appointment of a receiver, or for any such termination. In the event other remedy hereunder, or otherwise, in case of any such termination, whether default as aforesaid; it being understood and intended that no one or not more owners of the Premises or any part thereof bonds shall have been reletany right in any manner whatsoever, Tenant to affect, disturb or prejudice the lien of this Indenture by his or their action, or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall pay Basic Rent be instituted, had and Additional Rent required maintained in the manner herein provided, and for the equal benefit of all owners of outstanding bonds. Notwithstanding any other provisions of this Indenture, the right of any owner of any bond to receive payment of the principal of and interest on such bond on or after the respective due dates therein expressed, or to institute suit for the recovery of any such payment on or after such respective dates, shall not be paid under this Lease by Tenant up to impaired or affected without the time consent of such termination. Thereafter, until the Expiration Date, Tenant shall pay to Landlord as liquidated damages for its default (a) Basic Rent and Additional Rent which would have been payable by Tenant under this Lease were it still in effect, less (b) the net proceeds of reletting, if any, effected pursuant to Section 6.03, after deducting all expenses of Landlord in connection with such reletting. Tenant shall pay such liquidated damages on the days on which Basic Rent and Additional Rent would have been payable under this Lease if it were still in effectowner. 6.05Section. At 7.8. No recourse under or upon any time after a termination obligation, covenant or agreement contained in this Indenture or in any bond hereby secured, or because of this Lease pursuant to Section 6.01the creation of any indebtedness hereby secured, whether or not Landlord shall have collected any liquidated damages pursuant to Section 6.04, Landlord shall be entitled to recover from Tenanthad against any incorporator, and Tenant shall pay to Landlord on demandmember, as and for liquidated final damages for Tenant's default ("Final Damages") and in lieu of all liquidated damages pursuant to Section 6.04 beyond the date of such demandofficer, an amount equal to the excess if any of (a) Basic Rent which would be payable under this Lease from (i) the date to which Tenant shall have satisfied in full its obligations to pay liquidated damages pursuant to Section 6.04director or employee, to (ii) the Expiration Datepresent or future, over (b) the then fair net rental value (net after Additional Rent) of the Premises for Authority or of any successor thereto either directly or through the same periodAuthority, both discounted to present worth at by the rate enforcement of six percent (6%) per annum, compounded annually. However, if any assessment or by any legal or equitable proceeding or by virtue of any statute or rule otherwise; it being expressly agreed and understood that this Indenture and the obligations hereby secured are solely corporate obligations, and that no personal liability whatever shall attach to or be incurred by such officers, directors or employees of law shall limit the amount of Final Damages to an amount less than the above agreed-upon amountAuthority, Landlord shall be entitled to prove as Final Damages the maximum amount allowable under such statute or rule of law. 6.06. In the event of any expiration successor thereto, or termination any of them, because of the Lease Termincurring of the indebtedness hereby authorized, Tenant, so far as permitted or under or by law, hereby expressly waives (a) the service reason of any notice of intention to reenter provided for by lawthe obligations, (b) covenants or agreements contained in this Indenture, or in any of the institution bonds hereby secured, or implied therefrom; and that any and all personal liability of legal proceedings for reentry or repossessionevery name and nature, and (c) any and all rights to redeemand claims against every such officer, reenter director or repossess the Premisesemployee, whether arising at common law, or to restore in equity, or created by statute or constitution, are hereby expressly released and waived as a condition of, and as a part of the operation consideration for, the execution of this Lease. Tenant also waives any right to trial by jury in Indenture and the event that, upon any expiration or termination issuance of the Lease Term, legal proceedings shall be instituted by Landlord bonds and further waives the benefits of any and all laws now or hereafter in force exempting property from liability for rent or for debt. The terms "enter", "reenter", "entry" or "reentry" as used in this Lease are not restricted to their technical legal meaninginterest obligations secured hereby.

Appears in 1 contract

Samples: Trust Indenture

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