Remedies of Landlord. Upon the occurrence of any such event of default, Landlord shall have the option to pursue any one or more of the following remedies (as well as any other remedies provided by law or equity) without any notice or demand whatsoever:
10.2.1 Enter upon and take possession of the Premises without terminating this Lease and without relieving Tenant of its obligation to make the payments of Rent herein reserved, and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof and any personal property or trade fixtures located therein, and change or alter the locks and other security devices, without notice to Tenant and relet the Premises on behalf of Tenant, at any rental readily obtainable, and receive the rent therefor. Landlord shall have no obligation to furnish a new key to Tenant unless and until tenant cures all existing defaults and delivers to Landlord additional security satisfactory to Landlord to secure Tenant's performance of its obligations under this Lease. In such event, Tenant shall pay to Landlord on demand the expenses of such reletting (as described in Paragraph 10.2.2 hereof), and any deficiency which may arise by reason of such reletting for the remainder of the Term. Tenant shall not be entitled to any excess obtained by Landlord in reletting over the Rent. Landlord can bring separate actions from time to time against Tenant to collect rent due and owing.
10.2.2 Terminate this Lease forthwith. In the event of such termination, Tenant shall immediately surrender the Premises to Landlord and if Tenant fails to do so, Landlord may enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof, and any personal property or trade fixtures located therein. In the event of the termination of this Lease as provided herein, Tenant shall pay to Landlord, on demand, the expenses of such reletting (including all repairs, tenant finish, improvements, brokers' and attorneys' fees and all loss or damage which Landlord may sustain by reason of such re-entry and reletting) plus an amount equal to the difference between the Rent provided for herein and the amount of Rent received by Landlord from the subsequent reletting of the Premises, for the period which would otherwise constitute the balance of the Term, which amount shall be considered accelerated and immediately due and payable, (discounted at the prime rate then in effect) per...
Remedies of Landlord. (a) Upon the occurrence of an Event of Default by Xxxxxx, in addition to the remedies described in § 9.3 and any other remedies available to Landlord at law or in equity, Landlord has the right to terminate this Lease upon not less than 60 days prior written notice to Tenant; provided, however, that in the case of a non-monetary Event of Default by Tenant that poses an immediate threat to the health or safety of persons or property, Landlord has the right to reduce said 60-day notice period to ten days. Upon such termination, this Lease comes to an end as fully and completely as if the Expiration Date stated in such notice were the Expiration Date originally fixed, and Xxxxxx must then quit and surrender the Premises to Landlord as provided in § 6.7, but Xxxxxx remains liable for damages arising out of such Event of Default, as provided in this Lease.
(b) Upon termination of this Lease by Landlord pursuant to this § 9.2, Tenant must pay to Landlord Rent payable by Tenant to Landlord up to the Expiration Date, and Xxxxxx remains liable for any breach of Tenant’s obligations under this Lease occurring before the Expiration Date. In addition, Tenant is liable to pay Landlord, as damages, the aggregate of Rent remaining in the Term.
(c) Tenant must pay Rent in the same manner, to the same extent, and at the same time as if this Lease had not been terminated. In calculating the amounts to be paid by Tenant pursuant to the preceding sentence, Landlord must credit Tenant with the net rents that Landlord actually receives from a reletting of the Premises. Net rents must be determined by deducting from the gross rents, as and when Landlord receives the gross rents from such reletting, the reasonable expenses that Landlord incurs or pays in terminating this Lease and the reasonable expenses that Landlord incurs or pays in connection with the reletting of the Premises that are allocable to the Term. In no event is Tenant entitled to receive any excess of such net rents over the sums that Tenant must pay to Landlord under this Lease. If Landlord terminates this Lease by reason of an Event of Default by Xxxxxx, Landlord must take all reasonable steps to mitigate Landlord’s damages, including making reasonable efforts to relet the Premises for a period that is equal to, shorter, or longer than the Term.
Remedies of Landlord. (a) In the event that any monthly installment of rent or any other sum required to be paid hereunder or any part thereof shall remain unpaid for fifteen (15) days after becoming due, the Landlord shall have the immediate right to re-enter the Farm, or any part thereof and thereupon this Lease shall terminate but without prejudice to the right of action of the Landlord in respect of any breach of the Tenant’s covenants herein contained or implied. The Landlord shall upon the exercise of such right of re-entry dispossess the Tenant and all other occupants therefrom and remove and dispose of all property therein in the manner provided in Subdivision (c) of this Clause, all without service of any notice of intention to re-enter and with or without resort to legal process (which the Tenant hereby expressly waives) and without the Landlord being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. The Landlord shall also have the right, at the option of the Landlord, to terminate this Lease upon thirty (30) days written notice to the Tenant and to thereupon re-enter and take possession of the said Farm with legal process. Nothing herein, however, shall be construed to require the Landlord to re-enter in any event. The Landlord shall not, in any event, be required to pay the Tenant any surplus of any sums received by the Landlord on a re-letting of the said Farm in excess of the rent provided in this Lease.
(b) The Landlord in addition to other rights and remedies he may have, shall have the right to remove all or any part of the Tenant's property from the Farm and any property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of the Tenant and the Landlord shall not be responsible for the care or safekeeping thereof, and the Tenant hereby waives any and all loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts.
(c) No such re-entry or taking possession of the Farm by the Landlord shall be construed as an election on the Landlord's part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such re-letting without termination, the Landlord may at all times hereafter, elect to terminate this Lease for such previous default or breach. Any such re-entry shall be allowed by the Tenant without hindrance, and the Landlord shall not be liable in damages for any such re-entry, or guilt...
Remedies of Landlord. Upon any default by Tenant, Landlord may, at its option, terminate this Lease and/or commence eviction proceeding in accordance with the laws of Kentucky.
Remedies of Landlord. (a) Upon any default by Tenant, Landlord may, at its options, terminate this Lease and/or commence eviction proceedings in accordance with the laws of Maryland. Upon any such default, Landlord shall also have the right to enter upon the Premises or any part thereof, without demand or notice, and repossess the same and expel Tenant and any other occupants and their effects, either with or without terminating this Lease. Notwithstanding the foregoing, if the default is solely due to a delinquent monthly rental payment, Landlord shall not enter upon the Premises for a period of thirty (30) days from the date of such default. Any entry may be with or without process of law, by force if necessary, or otherwise according to law. No entry shall subject Landlord to any liability for trespass or damages. Upon any entry or termination, Landlord agrees to use reasonable efforts to relet the Premises on Tenant's behalf or otherwise, for such term and rent as Landlord may determine. No act or failure to act by Landlord shall waive any remedies which Landlord may have for arrears of rent or breach of covenant or release Tenant from any liability whatsoever.
(b) Upon termination or entry as above, Tenant shall indemnify Landlord against all loss of rents and other amounts which Landlord may incur over the remainder of the term in addition to paying all overdue rent and other payments. At Landlord's election, Tenant shall pay to Landlord an amount equal to the excess of the rent and other payment hereunder of the remainder of the term over the fair rental value of the Premises over the same period. Tenant shall also pay to Landlord all costs and expenses incurred by Landlord by reason of Tenant's default including, without limitation, reasonable attorney's fees, costs of regaining possession and reletting the Premises, broker's commissions, consulting fees, marketing fees, storage fees, repair and cleaning costs and leasehold improvement expenses. Landlord shall have the right to possess any and all of Tenant's property and equipment in the Premises to offset any amount due and owing to Landlord.
(c) Upon any default by Tenant, Landlord shall make all good faith efforts to relet the Premises to another party.
Remedies of Landlord. (a) Landlord may terminate this lease upon ten (10) days' written notice to Tenant upon the happening of the any one or more of the following events or default: (i) the institution in a court of competent jurisdiction of proceedings for the reorganization, liquidation or involuntary dissolution of Tenant, or for its adjudication as a bankrupt or insolvent or for the appointment of a receiver of the property of Tenant, and if said proceedings are not then dismissed, and any receiver, trustee or liquidator appointed therein discharged, thirty (30) days after the institution of said proceedings; (ii) the insolvency of the Tenant or the making by Tenant of an assignment or composition for the benefit of its creditors; (iii) the levying of a writ of execution or attachment on or against the property of Tenant; (iv) the taking of any action for the voluntary dissolution of Tenant or of its consolidation with or merger into another corporation; (v) the vacation or abandonment of the Demised Premises by Tenant; (vi) the failure of Tenant to pay any installment of rent, or any other payment, or charge herein provided for, when due; and (vii) the violation by Tenant of, or its failure to perform or threat to break, any covenant or agreement herein contained, if such continues after thirty (30) days' written notice from Landlord, or, if it cannot be cured within such thirty (30) days, if the Tenant does not within such period commence to cure such violation, failure, or threat and thereafter diligently complete the same.
(b) Upon such termination of this Lease, Landlord may re-enter the leased premises with or without process of law, using such force as may be necessary, and remove all persons and chattels therefrom and Landlord shall not be liable for damages or otherwise by reason of re-entry or termination of this Lease nor shall such re-entry or termination waive, bar or any way prejudice any other remedies available to Landlord. Notwithstanding such termination, the liability of Tenant for the rent provided for herein shall not be extinguished for the balance of the term remaining after said termination, and Landlord shall be entitled to recover immediately as liquidated damages an amount equal to the rent for the said balance of the term.
(c) In the event of any breach hereunder by Tenant, Landlord may immediately or at any time thereafter, without notice, cure such breach for the account and at the expense of Tenant. If Landlord at any time, by reason of such ...
Remedies of Landlord. Upon the occurrence of any event of default set forth in Section 15.01, Landlord shall have the following rights and remedies, in addition to those allowed by law, any one or more of which may be exercised without further notice to or demand upon Tenant:
Remedies of Landlord. Upon the occurrence of any default by tenant specified in Section 14.1, Landlord, at its option, may in addition to all other rights and remedies provided herein or at law or in equity, exercise one or more of the remedies set forth in subsections 14.2.1, 14.2.2 or 14.2.3.
Remedies of Landlord. In the event of Tenant's default hereunder, then in addition to any other rights or remedies Landlord may have under this Lease or under law, Landlord may elect either of the remedies set forth in Paragraphs 11.2.1 and 11.
Remedies of Landlord. If Tenant defaults in payment of rent, expenses or any other agreements contained in this Lease, Tenant will at once deliver peaceable possession of the Property to Landlord.
