Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial process, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks. If Landlord terminates Tenant’s possession of the Premises under this subsection 13.2.2, (i) Landlord shall have no obligation to tender to Tenant a key for new locks installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises, and (iii) Landlord will have the right to relet the Premises or any part thereof on such terms as Landlord deems advisable, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from reletting the Premises or a part thereof shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) and third, to the payment of Rent due and unpaid hereunder, and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 above. If Landlord relets the Premises, either before or after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One
Appears in 2 contracts
Samples: Office Lease (FlexEnergy Green Solutions, Inc.), Office Lease (FlexEnergy Green Solutions, Inc.)
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period Default by Tenant hereunder, Landlord may, without judicial process, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks. If Landlord terminates Tenant’s possession of the Premises under this subsection 13.2.2, (i) Landlord shall have no obligation to tender to Tenant a key for new locks installed in the Premises, (ii) Tenant ii)Tenant shall have no further right to possession of the Premises, and (iii) Landlord will have the right to relet the Premises or any part thereof on such terms as Landlord deems advisable, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from reletting the Premises or a part thereof shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designateamortized over the term of the replacement lease(s) and only to the extent applicable to the remainder of the Term and third, to the payment of Rent due and unpaid hereunderhereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 above. If Landlord relets the Premises, either before or after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One.
Appears in 2 contracts
Samples: Office Lease (Alkami Technology, Inc.), Office Lease (Alkami Technology, Inc.)
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial processupon any applicable notice and opportunity to cure, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks. If Landlord terminates Tenant’s possession of the Premises under this subsection 13.2.2Section 24B, (i) Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises, and (iii) Landlord will have shall use reasonable effort to relet or attempt to relet the right to Premises. Landlord may, however, at its sole option, relet the Premises or any part thereof on such terms and conditions as are reasonable for the geographic area in which the Premises is located. If Landlord deems advisableelects to relet the Premises, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from such reletting the Premises or a part thereof shall be applied first, first to the payment of any indebtedness other than Rent and additional charges due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) commissions, and third, to the payment of Rent due and unpaid hereunderhereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. Except as otherwise provided herein, Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord’s part to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 Section 24A above. If In the event of the reletting by Landlord relets of the Premises, either before or after the termination of Premises to a person expressly assuming Tenant’s obligations under this Lease, all Tenant shall thereby be released from any further obligations hereunder, and Landlord agrees to look solely to such rentals received from successor in interest of the Tenant for performance of such lease obligations. Upon such reletting, Tenant shall be relieved of all liability under any and remain all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the exclusive property of Landlord. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower Onereletting.
Appears in 2 contracts
Samples: Office Lease (Transatlantic Petroleum Ltd.), Office Lease (Transatlantic Petroleum Ltd.)
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial processupon any applicable notice and opportunity to cure, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this LeaseSublease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks. If Landlord terminates Tenant’s possession of the Premises under this subsection 13.2.2Section 22B, (i) Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises, ; and (ii) Tenant shall have no further right to possession of the Premises. Landlord may, and (iii) Landlord will have the right to at its sole option, relet the Premises or any part thereof on such terms and conditions as are reasonable for the geographic area in which the Premises is located. If Landlord deems advisableelects to relet the Premises, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from such reletting the Premises or a part thereof shall be applied first, first to the payment of any indebtedness other than Rent and additional charges due hereunder from Tenant to Landlord (in such order as Landlord shall designate), ; second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) commissions; and third, to the payment of Rent due and unpaid hereunderhereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. Except as otherwise provided herein, Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord’s part to terminate this Lease Sublease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 Section 22A above. If In the event of the reletting by Landlord relets of the PremisesPremises to a person expressly assuming Tenant’s obligations under this Sublease, either before Tenant shall thereby be released from any further obligations hereunder, and Landlord agrees to look solely to such successor in interest of the Tenant for Sublease Agreement (LFE - TAT) – 00000 Xxxxxx Xxxxxxx – Page 7 performance of such obligations. Upon such reletting, Tenant shall be relieved of all liability under any and all of its covenants and obligations contained in or derived from this Sublease arising out of any act, occurrence or omission occurring after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower Onereletting.
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Repossession and Re-Entry. Upon the occurrence of a default beyond any by Xxxxxx and failure to cure within the applicable cure period by Tenant provided hereunder, Landlord may, without judicial process, immediately but with written notice, terminate Tenant’s 's right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks, to the extent permitted by applicable law. If Landlord terminates Tenant’s 's possession of the Premises under this subsection 13.2.213.202, (i) Landlord shall have no obligation to tender to Tenant a key or electronic entry device for new locks installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises, Premises and (iii) Landlord will have the right to relet the Premises or any part thereof on such terms as Landlord reasonably deems advisable, subject to any obligation to mitigate damages imposed by applicable lawtaking into account the factors described in subsection 13.206. Any rent received by Landlord from reletting the Premises or a part thereof shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any actual cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ ' fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) and third, to the payment of Rent due and unpaid hereunderhereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. If the Premises are not relet, Landlord shall, to the extent required by law, apply any rents which Landlord could collect through reasonable efforts to relet the Premises, calculated in accordance with subsection 13.206, to reduce the indebtedness, costs and Rent described in the preceding sentence, in the same order as provided in the preceding sentence, provided that the "cost of reletting" referred to in the preceding sentence shall be calculated as both the actual cost incurred by Landlord in its attempts to relet the Premises and the additional cost Landlord could reasonably expect to incur through reasonable efforts to relet the Premises; Tenant shall satisfy and pay to Landlord any deficiency after the application of any such rents, upon demand therefor from time to time. No such re-re entry or taking of or possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord's part to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 13.201 above. If Landlord relets the Premises, either before or after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of LandlordLandlord and Tenant shall not be, at any time, entitled to recover any such rental. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower OneLandlord may at any time after a reletting elect to terminate this Lease.
Appears in 1 contract
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial processupon any applicable notice and opportunity to cure, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks. If Landlord terminates Tenant’s possession of the Premises under this subsection 13.2.2Section 23B, (i) Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises, and (iii) Landlord will have shall use reasonable effort to relet or attempt to relet the right to Premises. Landlord may, however, at its sole option, relet the Premises or any part thereof on such terms and conditions as are reasonable for the geographic area in which the Premises is located. If Landlord deems advisableelects to relet the Premises, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from such reletting the Premises or a part thereof shall be applied first, first to the payment of any indebtedness other than Rent and additional charges due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) commissions, and third, to the payment of Rent due and unpaid hereunderhereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. Except as otherwise provided herein, Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord’s part to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 Section 23A above. If In the event of the reletting by Landlord relets of the Premises, either before or after the termination of Premises to a person expressly assuming Tenant’s obligations under this Lease, all Tenant shall thereby be released from any further obligations hereunder, and Landlord agrees to look solely to such rentals received from successor in interest of the Tenant for performance of such lease obligations. Upon such reletting, Tenant shall be relieved of all liability under any and remain all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the exclusive property of Landlord. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower Onereletting.
Appears in 1 contract
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial process, immediately terminate Tenant’s 's right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the lockslocks and other security systems. If Landlord terminates Tenant’s 's possession of the Premises under this subsection 13.2.214.2.2, (i) Landlord shall have no obligation whatsoever to tender to Tenant a key or other form of access for the new locks and other security systems installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises, and (iii) Landlord will shall have no obligation whatsoever to relet or attempt to relet the right to Premises. Landlord may, however, at its sole option relet the Premises or any part thereof on for such terms and such rents as Landlord deems advisablemay in its sole discretion elect. If Landlord elects to relet the Premises, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from such reletting the Premises or a part thereof shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any reasonable cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ ' fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) commissions, and third, to the payment of Rent due and unpaid hereunderhereunder (in such order a Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord's part to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 above14.2.
1. If Landlord relets the Premises, either before or after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord, and Tenant shall not be, at any time, entitled to recover any such rental. Landlord may at any time after a reletting elect to terminate this Lease. To the maximum extent permitted by applicable laws, Landlord is under no obligation to mitigate its damages by reletting the Premises, and Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower Onehereby waives any requirement of Landlord to mitigate its damages by reletting the Premises. In the event Landlord is required, by Law, to mitigate its damages, Tenant agrees and acknowledges that the following actions of the Landlord constitute "objectively reasonable efforts:"
(a) within forty-five (45) days after Tenant no longer occupies the Premises, placing a "For Lease" sign at the Premises; placing the Premises on Landlord's inventory of available space, if any; making Landlord's inventory available to area brokers; advertising the Premises for lease in a suitable trade journal; and showing the Premises to prospective tenants who request to see it.
Appears in 1 contract
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunderan Event of Default, Landlord may, without judicial process, may immediately terminate Tenant’s 's right of possession of the Leased Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand or liability, enter upon the Leased Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises Leased Premises, remove any and all of their property from the Leased Premises, and change the locks. If Landlord terminates Tenant’s 's possession of the Leased Premises under this subsection 13.2.2subparagraph B, (i) Landlord shall have no obligation to tender to Tenant a key for new locks installed in may, at it sole option, relet the Leased Premises, (ii) Tenant shall have no further right to possession of the Premises, and (iii) Landlord will have the right to relet the Premises or any part thereof on such terms as Landlord deems advisable, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from such reletting the Premises or a part thereof shall be applied firstfirst to Reletting Costs, second, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord (in such order as Landlord shall designatedetermine), second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) and third, to the payment of Rent due and unpaid hereunderhereunder (in such order as Landlord shall determine), and the residue, if any, shall be held by Landlord and applied to the payment of other obligations of Tenant to Landlord as the same become due; and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. No such re-entry or taking of possession of the Leased Premises by Landlord shall be construed as an election by Landlord on Landlord's part to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 subparagraph A above. If Landlord relets the Leased Premises, either before or after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord, and Tenant shall not, at any time, be entitled to recover any such rental. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower OneLandlord may at any time, whether before or after a reletting, elect to terminate this Lease pursuant to subparagraph A above.
Appears in 1 contract
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial process, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks. If Landlord terminates Tenant’s possession of the Premises under this subsection 13.2.2, (i) Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises, and (ii) Tenant shall have no further right to possession of the Premises. Landlord may, and (iii) Landlord will have the right to however, at its sole option relet the Premises or any part thereof on for such terms and such rents as Landlord deems advisablemay in its sole discretion elect. If Landlord elects to relet the Premises, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from such reletting the Premises or a part thereof shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any cost costs of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) and third, to the payment of Rent due and unpaid hereunderhereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord’s part to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 above. If Landlord relets the Premises, either before or after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord, and Tenant shall not be, at any time, entitled to recover any such rental. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower OneLandlord may at any time after a reletting elect to terminate this Lease.
Appears in 1 contract
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial process, immediately terminate Tenant’s 's right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the lockslocks and other security systems. If Landlord terminates Tenant’s 's possession of the Premises under this subsection 13.2.214.2.2, (i) Landlord shall have no obligation whatsoever to tender to Tenant a key or other form of access for the new locks and other security systems installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises, and (iii) Landlord will shall have no obligation whatsoever to relet or attempt to relet the right to Premises. Landlord may, however, at its sole option relet the Premises or any part thereof on for such terms and such rents as Landlord deems advisablemay in its sole discretion elect. If Landlord elects to relet the Premises, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from such reletting the Premises or a part thereof shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ ' fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) commissions, and third, to the payment of Rent due and unpaid hereunderhereunder (in such order a Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefore from time to time. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord's part to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 above14.2.
1. If Landlord relets the Premises, either before or after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord, and Tenant shall not be, at any time, entitled to recover any such rental. Landlord may at any time after a reletting elect to terminate this Lease. To the maximum extent permitted by applicable laws, Landlord is under no obligation to mitigate its damages by reletting the Premises, and Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower Onehereby waives any requirement of Landlord to mitigate its damages by reletting the Premises. In the event Landlord is required, by Law, to mitigate its damages, Tenant agrees and acknowledges that the following actions of the Landlord constitute "objectively reasonable efforts:"
(a) within forty-five (45) days after Tenant no longer occupies the Premises, placing a "For Lease" sign at the Premises; placing the Premises on Landlord's inventory of available space, if any; making Landlord's inventory available to area brokers; advertising the Premises for lease in a suitable trade journal; and Showing the Premises to prospective tenants who request to see it.
Appears in 1 contract
Samples: Commercial Lease Agreement (Natural Health Trends Corp)
Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial process, immediately terminate Tenant’s 's right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks. If Landlord terminates Tenant’s 's possession of the Premises under this subsection 13.2.2, subparagraph 44B(2) (i) Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises, and (iii) Landlord will shall have no obligation whatsoever to relet or attempt to relet the right to Premises. Landlord may, however, at its sole option relet the Premises or any part thereof on for such terms and such rents as Landlord deems advisablemay in its sole discretion elect. If Landlord elects to relet the Premises, subject to any obligation to mitigate damages imposed by applicable law. Any rent received by Landlord from such reletting the Premises or a part thereof shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ ' fees, advertising costs, brokerage fees and leasing commissions (in such order as Landlord shall designate) and third, to the payment of Rent due and unpaid hereunderhereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect rent due upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord's part to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to subsection 13.2.1 subparagraph 44(B)(1) above. If Landlord relets the Premises, either before or after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of LandlordLandlord and Tenant shall not be, at any time, entitled to recover any such rental. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower OneLandlord may at any time after a reletting elect to terminate this Lease.
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Repossession and Re-Entry. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, to the extent permitted under applicable law, without judicial process, immediately terminate terminated Tenant’s 's right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate) without terminating ), but not terminate this Lease, and, without notice, demand notice or liabilitydemand, enter upon the Premises or any part thereof, thereof and take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and Premises, by force if necessary, change the locks, without having any civil or criminal liability therefor, and at Landlord's option, Landlord may relet the Premises or any part thereof for such terms and such rents as Landlord may in its sole discretion elect. If Landlord terminates In the event of a termination of Tenant’s 's possession of the Premises under this subsection 13.2.2Paragraph, (i) Landlord shall have no obligation whatsoever to tender to Tenant a key for new locks installed in the Premises, (ii) Premises and Tenant shall have no further right to possession of the Premises, and (iii) . In the event Landlord will have the right shall elect to relet the Premises or any part thereof on such terms as Landlord deems advisablePremises, subject to any obligation to mitigate damages imposed by applicable law. Any then rent received by Landlord from such reletting the Premises or a part thereof shall be applied first, to the payment of any indebtedness other than Rent rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of any cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys’ ' fees, advertising costs, brokerage fees and leasing commissions commissions, and third, to the payment of rent due and unpaid hereunder (in such order as Landlord shall designate) and third, to the payment of Rent due and unpaid hereunder), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefortherefor from time to time. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election by Landlord on Landlord's part to terminate this Lease unless a written notice of or such termination intention to terminate the Lease is also given to Tenant pursuant Tenant. Notwithstanding any such reletting without termination of the Lease, Landlord may at any time thereafter elect to subsection 13.2.1 aboveterminate this Lease for such previous breach. If Landlord relets the Premises (it being understood and agreed that Landlord shall have no obligation whatsoever to relet the Premises), either before or after the termination of this Lease, then for that portion of the Premises that is subject to such new lease, all such rentals received from such lease Lease shall be and remain the exclusive property of Landlord. , and Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower Oneshall not be, at any time, entitled to recover any such rental (through such rental shall be credited by Landlord, to the extent provided above, against those sums due from Tenant to Landlord).
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Samples: Industrial Lease Agreement (Advanced Materials Group Inc)