Common use of Repossession and Re-Entry Clause in Contracts

Repossession and Re-Entry. Upon the occurrence of a default by Tenant hereunder, Landlord may, upon 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), 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 Section 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 shall use reasonable effort to relet or attempt to relet the 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 elects to relet the Premises, rent received by Landlord from such reletting shall be applied 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, advertising costs, brokerage fees and leasing commissions, and third, to the payment of Rent due and unpaid hereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 on Landlord’s part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to Section 24A above. In the event of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, 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 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 Lease arising out of any act, occurrence or omission occurring after the reletting.

Appears in 2 contracts

Samples: Office Lease (Transatlantic Petroleum Ltd.), Office Lease (Transatlantic Petroleum Ltd.)

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Repossession and Re-Entry. Upon the occurrence of a default Default by Tenant hereunder, Landlord may, upon any applicable notice and opportunity to curewithout judicial process, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate), but not 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 Section 24Bsubsection 13.2.2, (i) Landlord shall have no obligation whatsoever 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 shall use reasonable effort will have the right to relet or attempt to relet the 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 locatedLandlord deems advisable, subject to any obligation to mitigate damages imposed by applicable law. If Landlord elects to relet the Premises, 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, commissions amortized 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 hereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 relettingtherefor. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election on Landlord’s part by Landlord to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to Section 24A subsection 13.2.1 above. In If Landlord relets the event Premises, either before or after the termination of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, Tenant shall thereby be released all such rentals received from any further obligations hereunder, and Landlord agrees to look solely to such successor in interest of the Tenant for performance of such obligations. Upon such reletting, Tenant lease shall be relieved and remain the exclusive property of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the relettingLandlord.

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, upon any applicable notice and opportunity to curewithout judicial process, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate), but not 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 Section 24Bsubsection 13.2.2, (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 shall use reasonable effort will have the right to relet or attempt to relet the 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 locatedLandlord deems advisable, subject to any obligation to mitigate damages imposed by applicable law. If Landlord elects to relet the Premises, 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, commissions (in such order as Landlord shall designate) and third, to the payment of Rent due and unpaid hereunder (in such order as Landlord shall designate)hereunder, and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 relettingtherefor. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election on Landlord’s part by Landlord to terminate this Lease unless a written notice of such termination is also given to Tenant pursuant to Section 24A subsection 13.2.1 above. In If Landlord relets the event Premises, either before or after the termination of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, Tenant shall thereby be released all such rentals received from any further obligations hereunder, and Landlord agrees to look solely to such successor in interest of the Tenant for performance of such obligations. Upon such reletting, Tenant lease shall be relieved and remain the exclusive property of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the reletting.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 by Tenant hereunder, Landlord may, upon 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), 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 Section 24B22B, (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, and (iii) Landlord shall use reasonable effort to relet or attempt to relet the 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 elects to relet the Premises, rent received by Landlord from such reletting shall be applied 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, advertising costs, brokerage fees and leasing commissions, ; and third, to the payment of Rent due and unpaid hereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 on Landlord’s part to terminate this Lease Sublease unless a written notice of such termination is given to Tenant pursuant to Section 24A 22A above. In the event of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this LeaseSublease, 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 Lease Sublease arising out of any act, occurrence or omission occurring after the reletting.

Appears in 1 contract

Samples: Sublease Agreement (Transatlantic Petroleum Ltd.)

Repossession and Re-Entry. Upon the occurrence of a default by Tenant hereunder, Landlord may, upon 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), 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 Section 24B23B, (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 shall use reasonable effort to relet or attempt to relet the 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 elects to relet the Premises, rent received by Landlord from such reletting shall be applied 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, advertising costs, brokerage fees and leasing commissions, and third, to the payment of Rent due and unpaid hereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 on Landlord’s part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to Section 24A 23A above. In the event of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, 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 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 Lease arising out of any act, occurrence or omission occurring after the reletting.

Appears in 1 contract

Samples: Office Lease (Transatlantic Petroleum Ltd.)

Repossession and Re-Entry. Upon the occurrence of a default by Tenant Xxxxxx and failure to cure within the applicable cure period provided hereunder, Landlord may, upon any applicable notice and opportunity to curewithout 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), 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 Section 24Bsubsection 13.202, (i) Landlord shall have no obligation whatsoever 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 shall use reasonable effort will have the right to relet or attempt to relet the Premises. Landlord may, however, at its sole option, relet the Premises or any part thereof on such terms and conditions as are reasonable for Landlord reasonably deems advisable, taking into account the geographic area factors described in which the Premises is locatedsubsection 13.206. If Landlord elects to relet the Premises, 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 actual 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 Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor from time to time. Except as otherwise provided hereinIf 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 not be responsible or liable for any failure calculated as both the actual cost incurred by Landlord in its attempts to relet the Premises or 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 part thereof or for any failure to collect any rent due upon deficiency after the application of any such relettingrents, 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 on Landlord’s 's part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to Section 24A subsection 13.201 above. In If Landlord relets the event Premises, either before or after the termination of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord and Tenant shall thereby be released from not be, at any further obligations hereundertime, and entitled to recover any such rental. Landlord agrees may at any time after a reletting elect to look solely to such successor in interest of the Tenant for 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 terminate this Lease arising out of any act, occurrence or omission occurring after the relettingLease.

Appears in 1 contract

Samples: Comstock Resources Inc

Repossession and Re-Entry. Upon the occurrence of a default by Tenant hereunderan Event of Default, Landlord may, upon any applicable notice and opportunity to cure, may immediately terminate Tenant’s 's right of possession of the Leased Premises (whereupon all obligations and liability of Landlord hereunder shall terminate), 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 Section 24Bsubparagraph B, (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 shall use reasonable effort to relet or attempt to relet the Premises. Landlord may, however, at its it 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 elects to relet the Leased Premises, rent received by Landlord from such reletting shall be applied first to Reletting Costs, second, to the payment of any indebtedness other than Rent and additional charges 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, advertising costs, brokerage fees and leasing commissions, and third, to the payment of Rent due and unpaid hereunder (in such order as Landlord shall designatedetermine), 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 therefor 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 Leased Premises by Landlord shall be construed as an election on Landlord’s 's part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to Section 24A subparagraph A above. In If Landlord relets the event Leased Premises, either before or after the termination of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord, and Tenant shall thereby not, at any time, be released from entitled to recover any further obligations hereundersuch rental. Landlord may at any time, and Landlord agrees to look solely to such successor in interest of the Tenant for performance of such obligations. Upon such whether before or after a reletting, Tenant shall be relieved of all liability under any and all of its covenants and obligations contained in or derived from elect to terminate this Lease arising out of any act, occurrence or omission occurring after the relettingpursuant to subparagraph A above.

Appears in 1 contract

Samples: Office Lease (Baldwin Piano & Organ Co /De/)

Repossession and Re-Entry. Upon the occurrence of a default by Tenant hereunder, Landlord may, upon any applicable notice and opportunity to curewithout judicial process, immediately terminate Tenant’s right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate), 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 Section 24Bsubsection 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, and (iii) Landlord shall use reasonable effort to relet or attempt to relet the Premises. Landlord may, however, at its sole option, option relet the Premises or any part thereof on for such terms and conditions such rents as are reasonable for the geographic area Landlord may in which the Premises is locatedits sole discretion elect. If Landlord elects to relet the Premises, rent received by Landlord from such reletting 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 costs 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 Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 on Landlord’s part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to Section 24A subsection 13.2.1 above. In If Landlord relets the event Premises, either before or after the termination of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord, and Tenant shall thereby be released from not be, at any further obligations hereundertime, and entitled to recover any such rental. Landlord agrees may at any time after a reletting elect to look solely to such successor in interest of the Tenant for 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 terminate this Lease arising out of any act, occurrence or omission occurring after the relettingLease.

Appears in 1 contract

Samples: Office Lease Agreement (Medidata Solutions, Inc.)

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Repossession and Re-Entry. Upon the occurrence of a default by Tenant hereunder, Landlord may, upon any to the extent permitted under applicable notice and opportunity to curelaw, 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), 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 Section 24BParagraph, (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 shall use reasonable effort to relet or attempt to relet the 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 elects elect to relet the Premises, then rent received by Landlord from such reletting shall be applied first first, to the payment of any indebtedness other than Rent and additional charges 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, and third, to the payment of Rent rent due and unpaid hereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 on Landlord’s 's part to terminate this Lease unless a written notice of or such termination intention to terminate the Lease is given to Tenant pursuant to Section 24A aboveTenant. In the event Notwithstanding any such reletting without termination of the reletting by Lease, Landlord may at any time thereafter elect to terminate 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 a person expressly assuming Tenant’s obligations under this Leasesuch new lease, all such rentals received from such Lease shall be and remain the exclusive property of Landlord, and Tenant shall thereby be released from not be, at any further obligations hereundertime, and Landlord agrees entitled to look solely to recover any such successor in interest of the Tenant for performance of rental (through such obligations. Upon such reletting, Tenant rental shall be relieved of all liability under any and all of its covenants and obligations contained in or derived credited by Landlord, to the extent provided above, against those sums due from this Lease arising out of any act, occurrence or omission occurring after the relettingTenant to Landlord).

Appears in 1 contract

Samples: Industrial Lease Agreement (Advanced Materials Group Inc)

Repossession and Re-Entry. Upon the occurrence of a default by Tenant hereunder, Landlord may, upon any applicable notice and opportunity to cure, immediately terminate Tenant’s 's right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate), 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 Section 24B, 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 shall use reasonable effort have no obligation whatsoever to relet or attempt to relet the Premises. Landlord may, however, at its sole option, option relet the Premises or any part thereof on for such terms and conditions such rents as are reasonable for the geographic area Landlord may in which the Premises is locatedits sole discretion elect. If Landlord elects to relet the Premises, rent received by Landlord from such reletting 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, commissions and third, to the payment of Rent due and unpaid hereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 on Landlord’s 's part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to Section 24A subparagraph 44(B)(1) above. In If Landlord relets the event Premises, either before or after the termination of the reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord and Tenant shall thereby be released from not be, at any further obligations hereundertime, and entitled to recover any such rental. Landlord agrees may at any time after a reletting elect to look solely to such successor in interest of the Tenant for 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 terminate this Lease arising out of any act, occurrence or omission occurring after the relettingLease.

Appears in 1 contract

Samples: Casa Ole Restaurants Inc

Repossession and Re-Entry. Upon the occurrence of a default by Tenant hereunder, Landlord may, upon any applicable notice and opportunity to curewithout judicial process, immediately terminate Tenant’s 's right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate), 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 Section 24Bsubsection 14.2.2, (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 shall use reasonable effort have no obligation whatsoever to relet or attempt to relet the Premises. Landlord may, however, at its sole option, option relet the Premises or any part thereof on for such terms and conditions such rents as are reasonable for the geographic area Landlord may in which the Premises is locatedits sole discretion elect. If Landlord elects to relet the Premises, rent received by Landlord from such reletting 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 reasonable cost of such reletting, including, without limitation, refurbishing costs, reasonable attorneys' fees, advertising costs, brokerage fees and leasing commissions, and third, to the payment of Rent due and unpaid hereunder (in such order as a Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor 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 on Landlord’s 's part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to Section 24A abovesubsection 14.2.1. 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 hereby 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 reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, 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 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 Lease arising out of any act, occurrence or omission occurring after the reletting.constitute "objectively reasonable efforts:"

Appears in 1 contract

Samples: Commercial Lease Agreement (Tm Century Inc)

Repossession and Re-Entry. Upon the occurrence of a default by Tenant hereunder, Landlord may, upon any applicable notice and opportunity to curewithout judicial process, immediately terminate Tenant’s 's right of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate), 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 Section 24Bsubsection 14.2.2, (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 shall use reasonable effort have no obligation whatsoever to relet or attempt to relet the Premises. Landlord may, however, at its sole option, option relet the Premises or any part thereof on for such terms and conditions such rents as are reasonable for the geographic area Landlord may in which the Premises is locatedits sole discretion elect. If Landlord elects to relet the Premises, rent received by Landlord from such reletting 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, and third, to the payment of Rent due and unpaid hereunder (in such order as a Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor therefore 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 on Landlord’s 's part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to Section 24A abovesubsection 14.2.1. 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 hereby 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 reletting by Landlord of the Premises to a person expressly assuming Tenant’s obligations under this Lease, 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 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 Lease arising out of any act, occurrence or omission occurring after the reletting.constitute "objectively reasonable efforts:"

Appears in 1 contract

Samples: Commercial Lease Agreement (Natural Health Trends Corp)

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