Common use of REMEDIES OF LESSOR Clause in Contracts

REMEDIES OF LESSOR. Upon any event of default, Lessor may, at Lessor's option and in addition to all other rights, remedies and recourses afforded Lessor hereunder or by law or equity, do any one or more of the following: (a) Terminate this lease by the giving of written notice to Lessee, in which event Lessee shall pay to Lessor upon demand the sum of (i) all rent and other amounts accrued hereunder to the date of termination, and (ii) damages in an amount equal to (A) the total rent that Lessee would have been required to pay for the remainder of the term discounted to present value at a discount rate reasonably designated by Lessor minus (B) the then present fair rental value of the leased premises for such period. (b) Terminate Lessee's right to possession of the leased premises without terminating this lease by the giving of written notice to Lessee, in which event Lessee shall pay to Lessor upon demand (i) all rent and other amounts accrued hereunder to the date of termination of possession, and (ii) all rent and other sums required hereunder to be paid by Lessee during the remainder of the term, diminished by any net sums thereafter received by Lessor through reletting the leased premises during said period. Reentry by Lessor in the leased premises will not affect the obligations of Lessee hereunder for the unexpired term. Lessor may bring action against Lessee to collect amounts due by Lessee on one or more occasions, without the necessity of Lessor's waiting until expiration of the term. (c) Alter or remove any and all locks and other security devices at the leased premises.

REMEDIES OF LESSOR. Upon Lessor shall have the following options, without the requirement of any event putting in default or the giving of default, Lessor may, at Lessor's option and any notice in addition to all such other rightsremedies as may otherwise be provided by law, remedies and recourses afforded Lessor hereunder or by law or equity, do in the event of any one or more of the followingsuch default: (a) Terminate this lease by the giving Proceed for past due installments of written notice rent only, reserving its right to Lessee, in which event Lessee shall pay to Lessor upon demand the sum of (i) all rent and other amounts accrued hereunder to the date of termination, and (ii) damages in an amount equal to (A) the total rent that Lessee would have been required to pay proceed for the remainder of the term discounted to present value at a discount rate reasonably designated by Lessor minus (B) the then present fair rental value of the leased premises for such period.remaining installments or (b) Terminate Lessee's right to possession of the leased premises without terminating this lease by the giving of written notice to Lessee, in which event Lessee shall pay to Lessor upon demand (i) all rent and other amounts accrued hereunder to the date of termination of possession, and (ii) all rent and other sums required hereunder to be paid by Lessee during Accelerate rentals for the remainder of the term, diminished by any net sums thereafter received by Lessor through reletting the leased premises during said period. Reentry by Lessor in the leased premises will not affect the obligations of Lessee hereunder for the unexpired term. Lessor may bring action against Lessee to collect amounts which rentals shall become immediately due by Lessee on one or more occasions, without the necessity of Lessor's waiting until expiration of the term.and payable or (c) Alter or remove any Cancel this Lease and immediately expel Lessee (without, however, waiving Lessor's right to collect all installments of rent and all locks other payments due or owing for the period up to the time Lessor regains occupancy). If Lessor elects the option as provided under this section 21.2 (c), Lessee hereby assents thereto and other security devices waives all legal notice to vacate the Leased Premises. In any case, Lessor may remove or cause to be removed all effects from the Leased Premises and store the same in Lessor's or Lessee's name, but at the leased premises.cost, expense and risk of Lessee, without liability of Lessor for loss or injury thereto, and without prejudice to Lessor's lien and privilege securing all the sums afore-said. Failure to strictly and promptly enforce any of the above conditions shall not operate as a waiver of Lessor's rights, Lessor expressly reserving the right to always enforce all the terms of this Lease or to exercise the options above set forth, as well as all rights belonging to it by law, regardless of any extension or indulgence previously granted. Exhibit Section Exhibit (10.6)

REMEDIES OF LESSOR. 21.01 If Lessee fails to perform any duty or obligation of Lessee under this Lease, Lessor may at its option, without waiver of Default nor any other right or remedy, perform any such duty or obligation on Lessee's behalf. The costs and expenses of any such performance by Lessor will be immediately due and payable by Lessee upon receipt from Lessor of the reimbursement amount required. 21.02 Upon a Default, with or without notice or demand, and without limiting any event other of defaultLessor's rights or remedies, Lessor may, at Lessor's option and in addition to all other rights, remedies and recourses afforded Lessor hereunder or by law or equity, do any one or more of the following: (a) Terminate this lease by the giving of written notice to Lessee, in which event Lessee shall pay to Lessor upon demand the sum of (i) all rent and other amounts accrued hereunder to the date of termination, and (ii) damages in an amount equal to (A) the total rent that Lessee would have been required to pay for the remainder of the term discounted to present value at a discount rate reasonably designated by Lessor minus (B) the then present fair rental value of the leased premises for such period. (b) Terminate Lease and/or terminate Lessee's right to possession of the leased premises Premises. Upon any such termination, Lessee will immediately surrender possession of the Premises to Lessor. Lessor reserves all right and remedies available to it pursuant to the terms and conditions of this Lease as well as under state law (whether by terms of this Lease or otherwise). Lessee hereby grants Lessor the full and free right to enter the Premises with or without terminating this process of law. Lessee releases Lessor of any liability for any damage resulting therefrom and waives any right to claim damage for such re-entry. Lessee also agrees that Lessor's right to re-lease by the giving of written notice to Lessee, in which event Lessee shall pay or any other right given to Lessor upon demand as a consequence of Lessee's Default hereunder or by operation of law is not relinquished. On such termination, Lessor will be entitled to recover from Lessee: (i) all the worth at the time of the award of the unpaid rent and other amounts accrued hereunder to which had been earned at the date time of termination of possession, and the termination; (ii) all rent and other sums required hereunder to be paid by Lessee during the remainder worth at the time of the term, diminished award of the amount by which the unpaid rents which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been avoided; (iii) the worth at the time of the award of the amount by which the unpaid rents for the balance of the Lease Term after the time of award exceeds the amount of such rental loss for such period that Lessee proves could be reasonably avoided; and (iv) any net sums thereafter received other amount necessary to compensate Lessor for all the damage proximately caused by Lessor through reletting the leased premises during said period. Reentry by Lessor Lessee's failure to perform its obligations under this Lease or which in the leased premises will ordinary course of events would likely result therefrom, including but not affect limited to, all costs and expenses attributable to recovering possession of the obligations Premises, reletting expenses (including the costs and expenses of Lessee hereunder for any necessary repairs, renovations and alterations to the unexpired term. Lessor may bring action against Lessee to collect amounts due by Lessee on one or more occasionsPremises), without costs of carrying the necessity Premises (including but not limited to, Lessor's payment of real property taxes and insurance premiums), actual legal fees and associated costs and expenses, the unamortized portion of all brokerage commissions paid in connection with this Lease and all costs of Lessor's waiting until expiration Work (amortized without interest on a straight line basis over the initial Lease Term), and reimbursement of any deferred rent or other Lease execution inducement; or (b) Continue the Lease and Lessee's right to possession and recover rent as it becomes due. Acts of maintenance or preservation, efforts to relet the Premises, removal or storage of Lessee's personal property or the appointment of a receiver to protect Lessor's interest under this Lease, will not constitute a termination of Lessee's right to possession. Lessor agrees to make reasonable efforts to mitigate its damages provided however, Lessor shall not be required to relet any or all of the term.Premises prior to leasing other vacant space on the Project, nor shall Lessor be required to accept a tenant of lesser financial quality than Lessee was as of the commencement date of this Lease; and/or (c) Alter Pursue any other remedy now or remove hereafter available to Lessor under the laws or judicial decisions of the state wherein the Premises are located. 21.03 In the event of bankruptcy of Lessee, or if Lessee becomes a debtor as defined under the Bankruptcy Code, Lessee assigns to Lessor all its rights, title and interest in the Premises as security for its obligations under this Lease. The expiration or termination of this Lease, and/or the termination of Lessee's right to possession, will not relieve Lessee from any and all locks and other security devices at liability accruing during Lessee's Lease Term or by reason of Lessee's occupancy of the leased premisesPremises. Any efforts by Lessor to mitigate the damages caused by Lessee's Default of this Lease will not waive Lessor's right to recover damages.

REMEDIES OF LESSOR. Upon any event of default, Lessor may, at Lessor's option and in addition to all other rights, remedies and recourses afforded Lessor hereunder or by law or equity, do any one or more of the following: (a) Terminate this lease by the giving of written notice to LesseeXxxxxx, in which event Lessee shall pay to Lessor upon demand the sum of (i) all rent and other amounts accrued hereunder to the date of termination, and (ii) damages in an amount equal to (A) the total rent that Lessee would have been required to pay for the remainder of the term discounted to present value at a discount rate reasonably designated by Lessor minus (B) the then present fair rental value of the leased premises for such period.minus (b) Terminate Lessee's right to possession of the leased premises without terminating this lease by the giving of written notice to LesseeXxxxxx, in which event Lessee shall pay to Lessor upon demand (i) all rent and other amounts accrued hereunder to the date of termination of possession, and (ii) all rent and other sums required hereunder to be paid by Lessee Xxxxxx during the remainder of the term, diminished by minus any net sums thereafter amounts received by Lessor through reletting the leased premises during said period, if applicable, and in which case the Lease shall terminate. Reentry by Lessor in the leased premises Leased Premises will not affect the obligations of Lessee hereunder for the unexpired term. Lessor may bring action against Lessee to collect amounts due by Lessee on one or more occasions, without the necessity of Lessor's ’s waiting until expiration of the term.. Lessor shall have the right, but not the obligation, at its sole election (but not as its exclusive remedy), to perform or observe the covenants, agreements, or obligations which are asserted to have not been performed or observed at the expense of Lessee and to recover all costs or expenses incurred in connection with the same. Any performance or observance by Lessor pursuant to this Section shall not constitute a waiver of Xxxxxx’s Default (c) Alter or remove any and all locks and other security devices at the leased premises.