REMEDIES OF LESSOR. A. The rights and remedies given to Lessor in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others available, at law or in equity, to Lessor. B. In all cases hereunder, and in any suit, action or proceeding of any kind between the parties, it shall be presumptive evidence of the fact of the existence of a charge being due if Lessor shall produce a xxxx, notice or certificate of any public official entitled to give that notice to the effect that such charge appears of record on the books in its office and has not been paid. C. No receipt of money by Lessor from Lessee after default or cancellation of this Lease in any lawful manner shall: (1) reinstate, continue or extend the Term or affect any notice given to Lessee; (2) operate as a waiver of the right of Lessor to enforce the payment of rent and additional rent then due or ‘falling due; or (3) operate as a waiver of the right of Lessor to recover possession of the Premises by proper suit, action, proceeding or other remedy. After (1) service of notice of termination and forfeiture as herein provided and the expiration of the time specified therein; (2) the commencement of any suit, action, proceeding or other remedy; or (3) final order or judgment for possesSion of the Premises, Lessor may demand, receive and collect any monies due, without in any manner affecting such notice, order or judgment. Any and all such monies so collected shall be deemed to be payment on account of the use and occupation of the Premises or, at the election of Lessor, on account of the liability of Lessee hereunder.
Appears in 2 contracts
Samples: Assignment and Assumption of Lease (Laidlaw Energy Group, Inc.), Assignment and Assumption of Lease (Laidlaw Energy Group, Inc.)
REMEDIES OF LESSOR. A. In the event of a breach by Lessee of any of the terms or conditions of this Lease Agreement, Lessor shall have the right of injunction to restrain Lessee and the right to invoke any remedy allowed by law or in equity, as if the specific remedies of indemnity or reimbursement were not provided in this Lease Agreement.
B. The rights and remedies given to Lessor in this Lease Agreement are distinct, separate separate, and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others availablein this Lease Agreement, at law by law, or in equity, to Lessor.
B. In all cases hereunder, and in any suit, action or proceeding of any kind between the parties, it shall be presumptive evidence of the fact of the existence of a charge being due if Lessor shall produce a xxxx, notice or certificate of any public official entitled to give that notice to the effect that such charge appears of record on the books in its office and has not been paidby equity provided.
C. No receipt of money by Lessor from Lessee after default or cancellation of this Lease Agreement in any lawful manner shall: shall (1) reinstate, continue continue, or extend the Term term or affect any notice given to Lessee; , (2) operate as a waiver of the right of Lessor to enforce the payment of rent and additional rent then due or ‘falling due; , or (3) operate as a waiver of the right of Lessor to recover possession of the Premises demised premises by proper suit, action, proceeding proceeding, or other remedy. After (1) service of notice of termination and forfeiture as herein provided in this Lease Agreement and the expiration of the time specified therein; in such notice, (2) the commencement of any suit, action, proceeding proceeding, or other remedy; , or (3) final order or judgment for possesSion possession of the Premisesdemised premises, Lessor Lessors may demand, receive receive, and collect any monies due, without in any manner affecting such notice, order order, or judgment. Any and all such monies so collected shall be deemed to be payment on account of the use and occupation of the Premises or, demised premises or at the election of Lessor, on account of the liability of Lessee hereunderunder this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement (TRX Inc/Ga)
REMEDIES OF LESSOR. A. The a. In the event of a breach by Lessee of any of the terms or conditions o this lease agreement, Lessor shall have the right to injunction to restrain Lessee and the right to invoke any remedy allowed by law or in equity, as if the specific remedies of indemnity or reimbursement were not provided in this lease agreement.
b. Except as limited by the express terms hereof, the rights and remedies given to Lessor in this Lease lease agreement are distinct, separate separate, and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others availablein this lease agreement, at law by law, or in equity, to Lessorby equity provided.
B. In all cases hereunder, and in any suit, action or proceeding of any kind between the parties, it shall be presumptive evidence of the fact of the existence of a charge being due if Lessor shall produce a xxxx, notice or certificate of any public official entitled to give that notice to the effect that such charge appears of record on the books in its office and has not been paid.
C. c. No receipt of money by Lessor from Lessee after default or cancellation of this Lease lease agreement in any lawful manner shall: (1) reinstate, continue continue, or extend the Term term or affect any notice given to Lessee; (2) operate as a waiver of the right of Lessor to enforce the payment of rent and additional rent then due or ‘falling due; or (3) operate as a waiver of the right of Lessor to recover possession of the Premises demised premises by proper property suit, action, proceeding proceeding, or other remedy. After After: (1) service of notice of termination and forfeiture as herein provided in this lease agreement and the expiration of the time specified thereinin such notice; (2) the commencement of any suit, action, proceeding proceeding, or other remedy; or (3) final order or judgment for possesSion possession of the Premisesdemised premises, Lessor may demand, receive receive, and collect any monies due, without in any manner affecting such notice, order or judgment. Any and all such monies so collected shall be deemed to be payment on account of the use and occupation of the Premises or, demised premises or at the election of Lessor, on account of the liability of Lessee hereunderunder this lease agreement.
Appears in 1 contract
REMEDIES OF LESSOR. A. In the event of a breach by Lessee of any of the terms or conditions of this Lease Agreement, Lessor shall have the right of injunction to restrain Lessee and the right to invoke any remedy allowed by law or in equity, as if the specific remedies of indemnity or reimbursement were not provided in this Lease Agreement.
B. The rights and remedies given to Lessor in this Lease Agreement are distinct, separate separate, and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others available, at law or in equity, to Lessor.
B. In all cases hereunder, and in any suit, action or proceeding of any kind between the parties, it shall be presumptive evidence of the fact of the existence of a charge being due if Lessor shall produce a xxxx, notice or certificate of any public official entitled to give that notice to the effect that such charge appears of record on the books in its office and has not been paid.exclusion
C. No receipt of money by Lessor from Lessee after default or cancellation of this Lease Agreement in any lawful manner shall: shall (1) reinstate, continue continue, or extend the Term term or affect any notice given to Lessee; , (2) operate as a waiver of the right of Lessor to enforce the payment of rent and additional rent then due or ‘falling due; , or (3) operate as a waiver of the right of Lessor to recover possession of the Premises demised premises by proper suit, action, proceeding proceeding, or other remedy. After (1) service of notice of termination and forfeiture as herein provided in this Lessee Agreement and the expiration of the time specified therein; in such notice, (2) the commencement of any suit, action, proceeding proceeding, or other remedy; , or (3) final order or judgment for possesSion possession of the Premisesdemised premises, Lessor Lessors may demand, receive receive, and collect any monies due, without in any manner affecting such notice, order order, or judgment. Any and all such monies so collected shall be deemed to be payment on account of the use and occupation of the Premises or, demised premises or at the election of Lessor, on account of the liability of Lessee hereunderunder this Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement (TRX Inc/Ga)
REMEDIES OF LESSOR. A. (a) In the event of a breach or a threatened breach by Lessee of any of the terms or conditions hereof, Lessor shall have the right of injunction to restrain Lessee and the right to invoke any remedy allowed by law or in equity, as if the specific remedies of indemnity or reimbursement were not provided herein.
(b) The rights and remedies given to Lessor in this Lease lease are distinct, separate and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others available, at other herein by law or in equity, to Lessorby equity provided.
B. (c) In all cases hereunder, and in any suit, action action, or proceeding of any kind between the parties, it shall be presumptive evidence of the fact of the existence of a charge being due if Lessor shall produce a xxxx, notice notice, or certificate of any public official entitled to give that notice to the effect that such charge appears of record on the books in its his office and has not been paid.
C. (d) No receipt of money by Lessor from Lessee after default or cancellation of this Lease lease in any lawful manner shall: shall (1) reinstate, continue continue, or extend the Term term or affect any notice given to Lessee; , (2) operate as a waiver of the right of Lessor to enforce the payment of rent and additional rent then due or ‘falling due; , or (3) operate as a waiver of the right of Lessor to recover possession of the Premises demised premises by proper suit, action, proceeding proceeding, or other remedy. After (1) service of notice of termination and forfeiture as herein provided and the expiration of the time specified therein; , (2) the commencement of any suit, action, proceeding proceeding, or other remedy; , or (3) final order or judgment for possesSion possession of the Premisesdemised premises, Lessor may demand, receive receive, and collect any monies due, without in any manner affecting such notice, order or judgment. Any and all such monies so collected shall be deemed to be payment on account of the use and occupation of the Premises or, demised premises or at the election of Lessor, on account of the liability of Lessee hereunder.
Appears in 1 contract
Samples: Lease (Verdant Brands Inc)