Remedies upon Default by Lessee. In the event of default by Lessee, the following shall be applicable: (a) In addition to any and all other rights and remedies available to Lessor at law or in equity, Lessor shall have the right to immediately terminate this Agreement and all access rights and other rights of the Lessee hereunder by giving written notice to Lessee of such election by Lessor. If Lessor shall elect to terminate this Agreement, then it may recover the amounts from Lessee as are provided by applicable California law. (b) In the event of a default by Lessee, Lessor shall also have the right, with or without terminating this Agreement, to re-enter the Premises. If Lessor does not elect to terminate this Agreement, Lessor may either recover all rent as it becomes due or re-let the Premises, together with all access rights, upon such provisions as Lessor in its sole judgment may deem advisable, and Lessor shall have the right to make repairs to and alterations to the Premises. If Lessor elects to re-let the Premises, then all rentals received by Lessor from such a re-letting shall be applied to the payment of all costs and expenses incurred by Lessor in connection with such re-letting and to the payment of rent due and paid hereunder. (c) Nothing contained in this Paragraph 13.3 shall constitute a waiver of Lessor's rights to recover damages by reason of Lessor's efforts to mitigate damages caused by Lessee's default.
Appears in 2 contracts
Samples: Lease and Access Agreement (Third Enterprise Service Group Inc), Telephone and Television Lease and Access Agreement (Competitive Companies Inc)
Remedies upon Default by Lessee. In the event of a default by Lessee, the following shall be applicable:
(a) In addition to any and all other rights and remedies available to Lessor at law or in equity, Lessor shall have the right to immediately terminate this Agreement and all easements and other access rights and other rights of the Lessee hereunder by giving written notice to Lessee of such election by Lessor. If Lessor shall elect to terminate this Agreement, then it may recover the amounts from Lessee as that are provided by applicable California State law.
(b) In the event of a default by Lessee, Lessor shall also have the right, with or without terminating this Agreement, Agreement to re-enter the Premises. If Equipment Room/s. if Lessor does not elect to terminate this Agreement, Lessor may either recover all rent as it becomes due or re-let the PremisesRoom/s, together with all access rights, upon such provisions Provisions as Lessor in its sole judgment judgement may deem advisable, and Lessor shall have the right to make repairs to and alterations to the Premises. If Room/s. if Lessor elects to re-let the PremisesRoom/s, then all rentals received by Lessor from such a re-letting shall be applied to the payment of all costs and expenses incurred by Lessor in connection with such re-letting and to the payment of rent due and paid payable hereunder.
(c) Nothing contained in this Paragraph 13.3 shall constitute a waiver of Lessor's rights to recover damages by reason of Lessor's efforts to mitigate damages caused by Lessee's default.
Appears in 2 contracts
Samples: Partnership Agreement (Competitive Companies Inc), Partnership Agreement (Third Enterprise Service Group Inc)
Remedies upon Default by Lessee. In the event of default by Lessee, the following shall be applicable:
(a) In addition to any and all other rights and remedies available to Lessor at law or in equity, Lessor shall have the right to immediately terminate this Agreement and all access rights and other rights of the Lessee hereunder by giving written notice to Lessee of such election by Lessor. If Lessor shall elect to terminate this Agreement, then it may recover the amounts from Lessee as are provided by applicable California law.
(b) In the event of a default by Lessee, Lessor shall also have the right, with or without terminating Terminating this Agreement, to re-enter the Premises. If Lessor does not elect to terminate this Agreement, Lessor may either recover all rent as it becomes due or re-let the Premises, together with all access rights, upon such provisions as Lessor in its sole judgment may deem advisable, and Lessor shall have the right to make repairs to and alterations to the Premises. If Lessor elects to re-let the Premises, then all rentals received by Lessor from such a re-letting shall be applied to the payment of all costs and expenses incurred by Lessor in connection with such re-letting and to the payment of rent due and paid hereunder.
(c) Nothing contained in this Paragraph 13.3 paragraph 12.3 shall constitute a waiver of Lessor's rights to recover damages by reason of Lessor's efforts to mitigate damages caused by Lessee's default.
Appears in 2 contracts
Samples: Telephone and Television Lease and Access Agreement (Third Enterprise Service Group Inc), Telephone and Television Lease and Access Agreement (Competitive Companies Inc)
Remedies upon Default by Lessee. In the event of a default by Lessee, the following shall be applicable:
(a) In addition to any and all other rights and remedies available to Lessor at law or in equity, Lessor shall have the right to immediately terminate this Agreement and all easements and other access rights and other rights of the Lessee hereunder by giving written notice to Lessee of such election by Lessor. If Lessor shall elect to terminate this Agreement, then it may recover the amounts from Lessee as that are provided by applicable California State law.
(b) In the event of a default by Lessee, Lessor shall also have the right, with or without terminating this Agreement, Agreement to re-enter the Premises. Equipment Room/s. If Lessor does not elect to terminate this Agreement, Lessor may either recover all rent as it becomes due or re-let the PremisesRoom/s, together with all access rights, upon such provisions Provisions as Lessor in its sole judgment judgement may deem advisable, and Lessor shall have the right to make repairs to and alterations to the Premises. If Room/s. if Lessor elects to re-let the PremisesRoom/s, then all rentals received by Lessor from such a re-letting shall be applied to the payment of all costs and and" expenses incurred by Lessor in connection with such re-letting and to the payment of rent due and paid payable hereunder.
(c) Nothing contained in this Paragraph 13.3 shall constitute a waiver of Lessor's rights to recover damages by reason of Lessor's efforts to mitigate damages caused by Lessee's default.
Appears in 2 contracts
Samples: Partnership Agreement (Competitive Companies Inc), Partnership Agreement (Third Enterprise Service Group Inc)