Common use of Remedies of Landlord and Waiver of Redemption Clause in Contracts

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure period, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (i) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (ii) Landlord may (but without any obligation to do so) re-let the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iii) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term of this Lease. The failure of Landlord to re-let the Premises or any part or parts thereof shall not release or affect Tenant’s liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements, brokerage, advertising and for keeping the Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Premises as Landlord, in Landlord’s sole judgment, considers advisable and necessary for the purpose of re-letting the Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant. Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 2 contracts

Samples: Agreement of Lease (Armstrong World Industries Inc), Lease Between (Armstrong Flooring, Inc.)

AutoNDA by SimpleDocs

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent rent, and additional rent, shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant such reasonable concessions or free rent or charge a higher rental than that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or and or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Demised Premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damagesdamages hereunder. In computing such liquidated damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re-letting, such as reasonable legal expenses, reasonable attorneys’ fees and disbursements' fees, brokeragereasonable brokerage fees, advertising and reasonable costs for keeping the Demised Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental may, at Landlord’s 's option, make such reasonable alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in Landlord’s sole 's reasonable judgment, considers advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Demised Premises, or in the event that the Demised Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwiselaws.

Appears in 2 contracts

Samples: Loft Lease (Sparta Commercial Services, Inc.), Office Lease (Quietpower Systems Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent rent, and additional rent, shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant concessions or free rent or charge a higher rental than that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent hereby reserved and/or and or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Demised Premises or any part or parts thereof shall not release or affect Tenant’s liability for damagesdamages hereunder. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursementsfees, brokerage, advertising and for keeping the Demised Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in Landlord’s sole judgment, considers advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Demised Premises, or in the event that the Demised Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws laws. In addition to the rights granted Landlord hereunder, in the event of Landlord’s giving notice of termination of this Lease, in accordance herewith, Landlord shall also be entitled to an award for liquidated damages (in addition to the damages stated above) in an amount which, at the time of such termination, is equal to the excess, if any, of the installments of Fixed Rent and the aggregate of all sums payable hereunder as additional rent reserved hereunder for the period which would otherwise have constituted the unexpired portion of the then current Term of this Lease, plus the value of all other considerations to be paid or performed by Tenant being evicted or dispossessed during such period, over the fair rental value of the Demised Premises, as of the date of such termination, for any causesuch unexpired portion of the then current Term of this Lease. If the Demised Premises, or in any part thereof be relet by Landlord for the event unexpired Term or any part thereof before presentation of Landlord obtaining possession proof of demised premisessuch liquidated damages to any court, by reason commission or tribunal, the amount of rent reserved upon such reletting shall be deemed to be the fair rental value for the part or the whole of the violation Premises so relet during the term of the reletting. Prior to Tenant’s full payment of any liquidated damages awarded to Landlord, Tenant shall continue to pay punctually to Landlord all Fixed Rent and Additional Rent to the same extent and at the same time as if this Lease, had not been terminated. If Landlord shall elect to re-enter and take possession without terminating this Lease, Landlord shall have the right at any time thereafter to terminate this Lease for such previous default, whereupon the provisions of this subsection with respect to termination will thereafter apply. All legal fees and expenses incurred by Landlord in enforcing its rights under this Lease shall be deemed Additional Rent and due and payable by Tenant upon demand. If Landlord brings any summary action for dispossession of Tenant for failure to pay rent, Landlord’s reasonable attorney’s fees and legal expenses shall be added to and included as part of the sums due and owing by Tenant with respect to the periods in default. The receipt and acceptance by Landlord of Fixed Rent or additional rent with knowledge of default by Tenant of any of Tenant’s obligations under this Lease shall not be deemed a waiver by Landlord of such default. Nothing contained in this Lease shall limit or prejudice the covenants right of Landlord to prove for and conditions obtain in proceedings for bankruptcy or insolvency an amount equal to the maximum allowed by any statute or rule of this Leaselaw in effect at the time when, and governing the proceedings in which, the damages are to be proved, whether or not the amount be greater than, equal to, or otherwiseless than the amount of the loss or damages referred to above. No waiver by Landlord of any default by Tenant in any covenant, agreement or obligation under this Lease shall operate to waive or affect any subsequent default in any covenant, agreement or obligation hereunder, nor shall any forbearance by Landlord to enforce a right or remedy upon any such default be a waiver of any of its rights and remedies with respect to such or any subsequent default or in any other manner operate to the prejudice of Landlord.

Appears in 2 contracts

Samples: www.sec.gov, Office Lease (Neutral Tandem Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwiseother wise, (ia) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or and/ or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Lease. The failure of Landlord to re-let the Premises or any part or parts thereof shall not release or affect Tenant’s liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, reasonable attorneys’ fees and disbursementsfees, brokerage, advertising and for keeping the Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Premises as Landlord, in Landlord’s sole reasonable judgment, considers advisable and necessary for the purpose of re-letting the Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premisesPremises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Merisel Inc /De/)

Remedies of Landlord and Waiver of Redemption. 19.1 21. (A) In case of any such default beyond the expiration of any applicable notice and/or cure period, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (i) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (ii) Landlord may (but without any obligation to do so) re-let the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Leaserent, and/or (iii) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein containeddamages, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term of this Lease. The failure of Landlord to re-let the Premises or any part or parts thereof shall not release or affect Tenant’s liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, reasonable attorneys’ fees and disbursements, brokerage, advertising and for keeping the Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Premises as Landlord, in Landlord’s sole judgment, considers advisable and necessary for the purpose of re-letting the Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event not be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant. Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premisesthe Premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 1 contract

Samples: Lease (CIFC Corp.)

Remedies of Landlord and Waiver of Redemption. 19.1 21. (A) In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (i) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursements' fee, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (ii) Landlord may (but without any obligation to do so) re-let the Premises premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iii) Tenant or the legal representatives representation of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents rent collected on account of the lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Lease. The failure of Landlord to re-let the Premises premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damages. In computing such liquidated damages there shall be paid added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Premises as Landlord, in Landlord’s 's sole judgment, considers advisable and necessary for the purpose of re-letting the Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant. Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from form any other remedy in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premisesPremises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 1 contract

Samples: Lease Commencement Agreement (Techsys Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or and or dispossess by summary proceedings or otherwise, (ia) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursements' fees, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises or any part part- or parts thereof, thereof either in the name of Landlord or otherwise, for a term or terms, terms which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease Term, and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iiic) Tenant or the legal representatives representative of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term of this LeaseTerm. The failure of Landlord to re-let relet the Premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damages. In computing such liquidated damages damages, there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements, brokeragebrokerage fees, advertising and for keeping the Premises in good order order, or for preparing the same for re-lettingreletting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease Lease, and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order order, or preparing the same for re-rental rerental, may, at Landlord’s 's option, make such alterations, repairs, replacements, replacements and/or decorations in the Premises as Landlord, in Landlord’s sole 's reasonable judgment, considers advisable and necessary for the purpose of re-letting reletting the Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let relet the Premises, or in the event that the Premises are re-letrelet, for failure to collect the rent thereof under such re-lettingreletting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach, threatened breach or anticipatory breach by Tenant beyond any applicable grace period of any of the covenants or provisions hereof Landlord shall have the right of injunction injunction, and the right to invoke any remedy allowed at law or in equity as if re-entry, summary summary-proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy in law or in equity. Tenant hereby expressly waives any and all an rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any causecause as provided in this Lease, or in the event of Landlord obtaining possession of demised premisesthe Premises as provided in this Lease, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise, beyond any applicable grace period.

Appears in 1 contract

Samples: Agreement of Lease (STV Group Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 21. (A) In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (i) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursements' fees, brokerage, and/or putting the Premises demised premises in good order, or for preparing the same for re-rental; (ii) Landlord may (but without any obligation to do so) re-let the Premises premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iii) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises demised premises for each month of the period which would otherwise have constituted the balance of the Term term of this Lease. The failure of Landlord to re-let the Premises premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Premises demised premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Premises as Landlord, in Landlord’s sole judgment, considers advisable and necessary for the purpose of re-letting the Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant. Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.similar

Appears in 1 contract

Samples: Lease (PLD Telekom Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, entry expiration and/or dispossess by summary proceedings or otherwise, otherwise (ia) the rent rent, and additional rent, shall become due thereupon and be paid up to the time of such re-entry, entry dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant concessions or free rent or charge a higher rental than that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or and or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Demised Premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damagesdamages hereunder. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Demised Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental may, may at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, Landlord in Landlord’s 's sole judgment, considers advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Demised Premises, or in the event that the Demised Premises are re-let, for failure to collect the rent thereof under such re-letting, letting and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, entry summary proceedings and other remedies were not herein provided for. Mention in this Lease lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwiselaws.

Appears in 1 contract

Samples: Office Lease (Access Integrated Technologies Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 18. In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursements' fees, brokerage, and/or putting the Premises demised premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant concessions or free rent or charge a higher rental than that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises demised premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Premises premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damages. In computing such liquidated damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Premises demised premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises demised premises in good order or preparing the same for re-rental may, at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Premises demised premises as Landlord, in Landlord’s 's sole judgment, considers advisable and necessary for the purpose of re-letting the Premisesdemised premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premisesdemised premises, or in the event that the Premises demised premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if of re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Leaselease, or otherwise.

Appears in 1 contract

Samples: Paradise Music & Entertainment Inc

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or and/ or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed (but if longer, such out of pocket-charges as hereinafter described shall only be deducted in proportion to the time remaining in the term hereunder) the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Lease. The failure of Landlord to re-let the Premises or any part or parts thereof shall not release or affect Tenant’s liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, reasonable attorneys’ fees and disbursementsfees, brokerage, advertising and for keeping the Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Premises as Landlord, in Landlord’s sole reasonable judgment, considers advisable and necessary for the purpose of re-letting the Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Salon Media Group Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 A. In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent rent, and Additional Rent, shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said TenantTxxxxx’s covenants herein contained, any deficiency between the rent hereby reserved and/or and or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Lease. The failure of Landlord to re-let the Premises or any part or parts thereof shall not release or affect Tenant’s liability for damagesdamages hereunder. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursementsfees, brokerage, advertising and for keeping the Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Premises as Landlord, in Landlord’s sole judgment, considers advisable and necessary for the purpose of re-letting the Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwiselaws.

Appears in 1 contract

Samples: Lease Agreement (Nano Nuclear Energy Inc.)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure period, re-entrydefault, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent rent, and additional rent, shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwiseLandlord, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant then customary and reasonable concessions or free rent or charge a higher rental than that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or and or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Demised Premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damagesdamages hereunder, subject to Landlord's obligations to mitigate damages under New York law, if any. Landlord shall, if required by law, use good faith efforts to (i) relet the Demised Premises at fair market rents and (ii) upon sub-reletting, to collect all rents due thereunder and to otherwise mitigate its damages hereunder. In computing such liquidated damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Demised Premises in good order or for preparing the same for subject to Landlord's re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental may, at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in Landlord’s 's sole reasonable judgment, considers advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Demised Premises, or in the event that the Demised Premises are re-let, for failure to collect the rent thereof under such re-lettingre- letting subject to Landlord's obligation to mitigate damages, if any, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord and Tenant shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease lease of any particular remedy remedy, shall not preclude Landlord or Tenant from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premisesDemised Premises, by reason of the violation by Tenant of any of the covenants and conditions of this Leaselease, or otherwise.

Appears in 1 contract

Samples: Office Lease (Intira Corp)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent rent, and additional rent, shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant concessions or free rent or charge a higher rental than that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or and or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Demised Premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damagesdamages hereunder provided, however, Landlord shall use commercially reasonable efforts to mitigate its damages by re-letting the Demised Premises. In computing such liquidated damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Demised Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental may, at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in Landlord’s sole 's reasonable judgment, considers advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Demised Premises, or in the event that the Demised Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwiselaws.

Appears in 1 contract

Samples: Office Lease (Fusion Telecommunications International Inc)

AutoNDA by SimpleDocs

Remedies of Landlord and Waiver of Redemption. 19.1 A. In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (i) the rent Fixed Annual Rent, Additional Rent, and other charges and assessments due and payable hereunder shall become due thereupon and be paid up to the time of such re-entryreentry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (ii) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease Term, and may grant concessions or free rent or charge a higher rental rate than that in this Lease, and/or (iii) Tenant or the legal representatives of Tenant shall also pay to Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent Fixed Annual Rent, Additional Rent, and other charges and assessments hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term of this Lease(determined as though the Lease has not been terminated). The failure of Landlord to re-let the Premises Demised Premises, or any part or parts thereof thereof, shall not release or affect Tenant’s liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, reasonable attorneys’ fees and disbursementsfees, brokerage, advertising advertising, and for keeping the Demised Premises in good order or and/or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease for payment of installments of Fixed Annual Rent, and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental rental, may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in Landlord’s sole judgment, considers advisable and necessary for the purpose propose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Demised Premises, or in the event that the Demised Premises are re-let, for failure to collect the rent thereof under any such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (RedBall Acquisition Corp.)

Remedies of Landlord and Waiver of Redemption. 19.1 18. In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursements' fees, brokerage, and/or putting the Premises demised premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant concessions or free rent or charge a higher rental than that in this Leaselease, and/or and /or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises demised premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Premises premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damages. In computing such liquidated damages there shall be added to the said deficiency 15 such expenses as Landlord may incur in connection with re-letting, letting such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Premises demised premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises demised premises in good order or preparing the same for re-rental may, at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Premises demised premises as Landlord, in Landlord’s 's sole judgment, considers advisable and necessary for the purpose of re-letting the Premisesdemised premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premisesdemised premises, or in the event that the Premises demised premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Leaselease, or otherwise.

Appears in 1 contract

Samples: Princeton Review Inc

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent rent, and additional rent, shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant concessions or free rent or charge a higher rental than that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or and or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Demised Premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damagesdamages hereunder. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Demised Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental may, at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in Landlord’s 's sole judgment, considers advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Demised Premises, or in the event that the Demised Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease lease of any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwiselaws.

Appears in 1 contract

Samples: Lease Agreement (Arbinet Thexchange Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 17. In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, ; (ia) the rent shall become due thereupon and be paid up to the time of such re-re entry, dispossess and/or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursements' fees, brokerage, brokerage and/or putting the Demised Premises in good order, or for preparing the same for re-rental; and/or (iib) provided Landlord acts in good faith and exercises reasonable efforts to mitigate damages by re-renting the Demised Premises, Landlord may (but without any obligation to do so) re-let the Premises premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, terms which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term Term of this the Lease and may grant concessions or free rent or charge a higher rental than that in this the Lease, ; and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term of this the Lease. The good faith failure or refusal of Landlord to re-let the Premises premises or any part or parts thereof shall not release or affect Tenant’s 's liability for damages. Notwithstanding the foregoing, Landlord shall not have the right to "accelerate" rent or receive liquidated damages until after Landlord shall have commenced non-payment proceedings or similar judicial remedies against Tenant in at least three separate months (for three separate months of actual default) in a calendar year. In computing such liquidated damages there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Premises demised premised premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this the Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental may, at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in Landlord’s 's sole judgment, considers advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterationsalternations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Demised Premises although Landlord shall be obligated to act in good faith in attempting to mitigate damages by re-letting the Demised Premises, or in the event that the Demised Premises are re-let, for failure to collect the rent thereof under such re-re- letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by Tenant. Tenant to Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided forhereunder. Mention in this the Lease of any particular remedy shall not preclude Landlord or Tenant, after expiration of all applicable grace and notice periods from any other remedy that it may be entitled to in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 1 contract

Samples: Lease Agreement by And (Inmark Enterprises Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess dispossesses by summary proceedings or otherwise, (ia) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess dispossesses and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s 's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases Lease of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Lease. The failure of Landlord to re-let the Premises or any part or parts thereof shall not release or affect Tenant’s liability for damages. In computing such liquidated damages there shall be added to the said deficiency such -8- expenses as Landlord may incur in connection with re-letting, such as reasonable legal expenses, expenses and attorneys’ fees and disbursements' fees, brokerage, advertising and for keeping the Demised Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or for preparing the same for re-rental may, at Landlord’s 's option, make such alterations, repairs, replacements, and/or decorations in the Demised Premises as Landlord, in Landlord’s sole 's reasonable judgment, considers advisable and necessary for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure make all reasonable efforts to re-let the Demised Premises and shall be liable to Tenant if Landlord fails to re-let the Demised Premises, or in the event that the Demised Premises are re-let, for failure and Landlord fails to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, . Any excess of such net rent rents collected by Landlord over the sums payable by Tenant to Landlord hereunder shall be applied to the outstanding amounts owed to Landlord by Tenant, if any, and any excess shall be returned to Tenant. If Landlord re-lets the Demised Premises to another Tenant for a rent or term which is greater than the rent or remaining term of this Lease, then Tenant shall be relieved from any further liability and the Lease shall, upon the commencement of the new lease, immediately terminate and be void and of no further force or effect. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention for or mention in this Lease of or any particular remedy remedy, shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 1 contract

Samples: Office Lease (On Site Sourcing Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (ia) the rent rent, and additional rent, shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursements, brokerage, and/or putting the Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent hereby reserved and/or and or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease subsequent Lease or leases Leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term term of this Lease. The failure of Landlord to re-let the Premises or any part or parts thereof shall not release or affect Tenant’s liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursementsfees, brokerage, advertising and for keeping the Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, and/or decorations in the Premises as Landlord, in Landlord’s sole judgment, judgment considers advisable and necessary for the purpose of re-letting the Premises, and the making of such alterations, repairs, repairs replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent rents collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach or threatened breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.in

Appears in 1 contract

Samples: Roosevelt (Wilshire Bancorp Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 17. In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, . (ia) the The rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursementsfees, brokerage, and/or putting the Premises demised premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease lease and may grant concessions or free rent or charge a higher rental than then that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Premises demised premises for each month of the period which would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let left the Premises premises or any part or parts thereof shall not release or affect Tenant’s liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursementsfees, brokerage, advertising and for keeping the Premises demised premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises demised premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, replacements and/or decorations in the Premises demised premises as Landlord, in Landlord’s sole judgment, considers advisable and necessary for the purpose of re-letting the Premises, demised premises and the making of such alterations, repairs, replacements, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord landlord shall in no event be liable in any way whatsoever for failure to re-let the Premisesdemised premises, or in the event that the Premises demised premises are re-let, for failure to collect the rent thereof under such re-letting, letting and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant. Landlord shall have the right of injunction and the right Tenant to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.Landlord

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Harris Interactive Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, expiration and/or dispossess by summary proceedings or otherwise, other legal means as set forth in Article 19 of this Lease: (ia) the rent Rent shall become due thereupon and shall be paid up to the time of such re-entry, dispossess and/or expiration, expiration together with any Additional Rent and such reasonable expenses as Landlord may incur for legal expenses, attorneys’ fees and disbursementsfees, brokerage, brokerage and/or putting the Demised Premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord’s option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease Term and may grant market concessions or free rent or charge a higher rental than that in this Lease, ; and/or (iiic) Tenant or the legal representatives of Tenant shall also pay to Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent Rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the Term of this LeaseLease Term. The failure of Landlord to re-let the Demised Premises or any part or parts thereof shall not release or affect Tenant’s liability for damages. In computing such liquidated damages damages, there shall be added to the said deficiency deficiency, such reasonable expenses as Landlord may incur in connection with re-letting, such as legal expenses, attorneys’ fees and disbursements, brokerage, advertising and for keeping the Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Demised Premises in good order or preparing the same for re-rental may, at Landlord’s option, make such alterations, repairs, replacements, replacements and/or decorations in the Demised Premises as LandlordLandlord reasonably considers advisable, in Landlord’s sole judgment, considers advisable necessary and necessary on market terms for the purpose of re-letting the Demised Premises, and the making of such alterations, repairs, replacements, replacements and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-lettingreletting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by TenantTenant to Landlord hereunder. In the event of a breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of to seek an injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or Landlord agrees to use its reasonable efforts to mitigate damages incurred under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwiseParagraph 14.

Appears in 1 contract

Samples: Lease Agreement (Clickable Enterprises Inc)

Remedies of Landlord and Waiver of Redemption. 19.1 18. In case of any such default beyond the expiration of any applicable notice and/or cure perioddefault, re-entry, entry expiration and/or dispossess by summary proceedings proceeding or otherwise, (ia) the rent shall become due thereupon and shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for attorneys’ fees and disbursementslegal expenses, brokerageattorney's fees, brokerage and/or putting the Premises demised premises in good order, or for preparing the same for re-rental; (iib) Landlord may (but without any obligation to do so) re-let the Premises premises or any part or parts thereof, thereof either in the name of the Landlord or otherwise, otherwise for a term or terms, which may at Landlord’s 's option be less than or exceed the period which would otherwise have constituted constitute the balance of the term of under this Lease lease and may grant concessions or free rent or charge a higher rental than that in this Leaselease, and/or (iiic) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant’s covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, amount if any, of the rents collected on account behalf of the lease or leases of the Premises demised premises for each month of the period which otherwise would otherwise have constituted the balance of the Term term of this Leaselease. The failure of Landlord to re-let the Premises premises or any parts or part or parts thereof shall not release or affect Tenant’s Tenant liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, letting such as legal expenses, attorneys’ fees and disbursements' fees, brokerage, brokerage advertising and for keeping the Premises dm in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease lease and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, in putting the Premises demised premises in good order or preparing the same for re-rental may, at Landlord’s Landlord option, make such alterations, repairs, replacements, and/or decorations in the Premises demised premises as Landlord, in Landlord’s 's sole judgment, considers as advisable and necessary for the purpose of re-letting the Premisesdemised premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or in the event that the Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant. Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of demised premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease, or otherwise.

Appears in 1 contract

Samples: Lease Extension Agreement (Evci Career Colleges Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!