Common use of Right of Re-Entry Clause in Contracts

Right of Re-Entry. Upon the termination of this Lease, however such termination is brought about, whether by Lessor’s election to terminate under any one or more of the foregoing provisions, or otherwise, Lessor may immediately, or at any time thereafter, re-enter the Leased Premises without notice or demand and remove all persons and things therefrom with or without legal process and without prejudice to any of Lessor’s other legal rights, using such force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor’s re-entry or the form or manner of re-entry or the taking possession of the Leased Premises are hereby waived as also are all claims for damage by reason of any proceedings in the nature of execution, attachment, sequestration, forcible detainer or other legal action which Lessor may employ to recover possession of the Leased Premises or rentals and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it pursuant to Section 2.3, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of the property and sell it at public or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry upon default by Lessee or a termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the remainder of the then current lease term and such other charges and/or obligations, if any as may be otherwise payable under this Lease, shall be and become immediately due and payable and the liability of Lessee for the full amount provided herein shall not be extinguished for the balance of the term of this Lease. Lessee shall make good to Lessor any deficiency arising from a reletting of the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the presentment of invoices therefor.

Appears in 1 contract

Samples: Lease Agreement (Lmi Aerospace Inc)

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Right of Re-Entry. Upon the expiration or termination of this Lease, however such termination is brought about, whether by Lessor’s election to terminate under any one or more of the foregoing provisionsTerm for whatever cause, or otherwise, Lessor may immediately, or at any time thereafter, upon the exercise by Landlord of its right to re-enter the Leased Premises without notice or demand terminating this Lease, Tenant shall immediately, quietly and remove all persons and things therefrom with or without legal process and without prejudice peaceably surrender to any of Lessor’s other legal rights, using such force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor’s re-entry or the form or manner of re-entry or the taking Landlord possession of the Leased Premises are hereby waived as also are all claims in "broom clean" and good order, condition and repair, except only for ordinary wear and tear, damage by reason of any proceedings in the nature of execution, attachment, sequestration, forcible detainer or other legal action which Lessor may employ casualty not covered by Section 15.2 and repairs to recover possession of the Leased Premises or rentals and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it be made by Landlord pursuant to Section 2.315. 1. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (Or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other than property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of Tenant not removed from the Premises on the abandonment of the property and sell it at public Premises or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against on the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession expiration of the property and hold it for the owners thereof Term or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry upon default by Lessee or a sooner termination of this Lease occasioned for any cause shall conclusively be deemed to have been, abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by reason thereofLandlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the lease rentals due hereunder for the remainder disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant's obligations under this Lease in connection with surrender of the then current lease term Premises until Landlord has inspected the Premises and delivered to Tenant a written release. While Tenant remains in possession of the Premises after such other charges and/or obligationsexpiration, if any termination or exercise by Landlord of its re-entry right, Tenant shall be deemed to be occupying the Premises as may be otherwise payable a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be and become twice the per-day Rent in effect immediately due and payable and before such expiration, termination or exercise by Landlord. No such holding over shall extend the liability of Lessee for the full amount provided herein shall not be extinguished for the balance Term. If Tenant fails to surrender possession of the term of this Lease. Lessee shall make good Premises in the condition herein required, Landlord may, at Tenant's expense, restore the Premises to Lessor any deficiency arising from a reletting of the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the presentment of invoices thereforsuch condition.

Appears in 1 contract

Samples: Lease Agreement (Ziasun Technologies Inc)

Right of Re-Entry. Upon The Tenant covenants and agrees that on the termination Landlord's becoming entitled to re-enter upon the Leased Premises under any of the provisions of this LeaseAgreement, however such termination is brought aboutthe Landlord, whether by Lessor’s election in addition to terminate under any one or more of all other rights, will have the foregoing provisions, or otherwise, Lessor may immediately, or at any time thereafter, re-right to enter the Leased Premises as the agent of the Tenant either by force or otherwise, without notice or demand and remove all persons and things therefrom with or without legal process and without prejudice being liable to any action in respect thereof, or for any loss or damage occasioned thereby and the Tenant hereby expressly releases the Landlord for all actions, proceedings, claims or demands whatsoever for or on account of Lessor’s other legal rights, using such force as may be necessary or proper for in respect of any forcible entry or any loss or damage sustained by the purposeTenant in connection therewith. Any and all claims for damages by reason of Lessor’s Upon re-entry or pursuant to this Section, the form or manner of re-entry or the taking possession of Landlord may relet the Leased Premises are hereby waived as also are all claims for damage by reason of any proceedings in the nature of execution, attachment, sequestration, forcible detainer or other legal action which Lessor may employ to recover possession agent of the Leased Premises or rentals Tenant and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it pursuant receive rent therefore, and, to Section 2.3the extent that Rent is owing to the Landlord hereunder, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of any Tenant Assets or other property of the property Tenant on the Leased Premises as the agent of the Tenant and sell it the same at public or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, apply the proceeds of such sale shall and any rent derived from reletting the Leased Premises on account of the Rent owing under this Agreement, and the Tenant will be applied first liable to the costs of Landlord for the sale, second to the payment of the charges for storagedeficiency, if any, . The Tenant hereby waives and third to renounces the payment benefit of any other amounts which may then be due from Lessee present or future statute taking away or limiting the Landlord's rights pursuant to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding this Section and agrees that notwithstanding any re-entry upon default by Lessee or a termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the remainder such statute none of the then current lease term goods and such other charges and/or obligations, if any as may be otherwise payable under this Lease, shall be and become immediately due and payable and the liability of Lessee for the full amount provided herein shall not be extinguished for the balance chattels of the term of this Lease. Lessee shall make good to Lessor any deficiency arising from a reletting of Tenant on the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay any time during the rental deficiency each month as the amount thereof is ascertained Term will be exempt from levy by Lessor, upon the presentment of invoices therefordistress for Rent in arrears.

Appears in 1 contract

Samples: Operating Lease Agreement

Right of Re-Entry. Upon the termination of this Lease, however ----------------- such termination is brought about, whether by Lessor’s 's election to terminate under any one or more of the foregoing provisions, or otherwise, and in the event that Lessee fails to exercise its rights under Section 4.2, Lessor may immediately, or at any time thereafter, re-re- enter the Leased Premises without notice or demand and remove all persons and things therefrom with or without legal process and without prejudice to any of Lessor’s 's other legal rights, using such force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor’s 's re-entry or the form or manner of re-entry or the taking possession of the Leased Premises are hereby waived as also are all claims for damage by reason of any proceedings in the nature of execution, attachment, sequestration, forcible detainer or other legal action which Lessor may employ to recover possession of the Leased Premises or rentals and charges due. Provided however, Lessee does not waive any claims it may have for damages resulting from Lessor's actions that are willful or grossly negligent. If upon Lessor’s re-entry 's reentry there remains any personal property of Lessee or any person holding under or through it pursuant to Section 2.3, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of the property and sell it at public or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against the property, subject, however, to any prior duly perfected third party encumbrance thereof thereof. Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof thereof. Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s 's presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry reentry upon default by Lessee or a termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the remainder of the then current lease term and such other charges and/or obligations, if any as may be otherwise payable under this Lease, shall be and become immediately due and payable and the liability of Lessee for the full amount provided herein shall not be extinguished for the balance of the term of this Lease. Lessee shall make good to Lessor any deficiency arising from a reletting of the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the presentment of invoices therefor. Provided however, nothing in this Section 6.5 is intended to waive or diminish Lessee's rights or Lessor's obligations under Section 4.2.

Appears in 1 contract

Samples: Lease Agreement (Matrix Service Co)

Right of Re-Entry. Upon The Tenant further covenants and agrees that on the termination Landlord's becoming entitled to re-enter upon the Leased Premises under any of the provisions of this LeaseLease or otherwise at law, however such termination is brought about, whether by Lessor’s election the Landlord in addition to terminate under any one or more of all other rights shall have the foregoing provisions, or otherwise, Lessor may immediately, or at any time thereafter, re-right (but not the obligation) to enter the Leased Premises as the agent of the Tenant, either by force or otherwise, without notice or demand being liable for any prosecution therefore and remove all persons and things therefrom with or without legal process and without prejudice as agent of the Tenant to any of Lessor’s other legal rightsrelet the Leased Premises, using such force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor’s re-entry or the form or manner of re-entry or the taking possession of to make alterations to the Leased Premises are hereby waived to facilitate their reletting, to receive rent therefore, and as also are all claims for damage by reason agent of the Tenant, to take possession of any proceedings in the nature of execution, attachment, sequestration, forcible detainer furniture or other legal action which Lessor may employ to recover possession of properly on the Leased Premises or rentals and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it pursuant to Section 2.3, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of sell the property and sell it at same by public or private sale without notice to Lessee, and this right to take and sell notice. The Landlord shall be a prior lien and claim against the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, apply the proceeds of any such reletting and sale shall be applied first to the costs of the salefirst, second to the payment of the charges for storage, if any, and third to the payment of any expenses incurred by the Landlord with respect to any such reletting or sale, including without limitation the making of alterations to the Leased Premises; second, to the payment of any indebtedness of the Tenant to the Landlord other amounts which may then be due from Lessee than Rent; and third, to Lessor, the payment of Rent in arrears; with the balanceresidue to be held by the Landlord and applied in payment of future Rent as it become due and payable and the Tenant shall be liable for the deficiency, if any. The Landlord shall be entitled to relet the Lease Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term) and at such rents and upon such other terms, covenants and conditions as the Landlord in its discretion considers advisable. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for any previous breach. If the Landlord at any time re-enters the Leased Premises or any part thereof in the name of the whole, the Tenant shall pay to the Landlord upon such re-entry the then current and the next ensuing three (3) monthly instalments of Rent, which shall immediately become due and payable as accelerated Rent. Furthermore, if upon re-entering the Leased Premises the Landlord exercises its right to terminate this Lease, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including without limitation, the cost of recovering the Leased Premises, solicitor's fees (on a solicitor and his client basis) and Rent required to be paid pursuant to Lessee. Notwithstanding any re-entry upon default by Lessee or a termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the remainder of the then current lease term and such other charges and/or obligationsTerm, if any as may be otherwise payable under this Lease, all of which amounts shall be and become immediately due and payable and by the liability of Lessee for Tenant to the full amount provided herein shall not be extinguished for the balance of the term of this Lease. Lessee shall make good to Lessor any deficiency arising from a reletting of the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the presentment of invoices thereforLandlord.

Appears in 1 contract

Samples: It Staffing LTD

Right of Re-Entry. Upon the expiration or termination of this Leasethe Term, however such termination is brought about, whether by Lessor’s election to terminate under any one or more of the foregoing provisions, or otherwise, Lessor may Tenant shall immediately, or at any time thereafter, re-enter the Leased Premises without notice or demand quietly and remove all persons and things therefrom with or without legal process and without prejudice peaceably surrender to any of Lessor’s other legal rights, using such force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor’s re-entry or the form or manner of re-entry or the taking Landlord possession of the Leased Premises are hereby waived as also are all claims for damage by reason of any proceedings in the nature condition and state of executionrepair required under Section 6.05 hereof and Tenant shall remove the Excluded Property and the Project (if required by any Legal Requirements) in accordance with Section 6.03 hereof. If Tenant fails to surrender possession as herein required, attachment, sequestration, forcible detainer or other Landlord may initiate any and all legal action which Lessor as Landlord may employ elect to recover dispossess Tenant and all of its Excluded Property, and all persons or firms claiming by, through or under Tenant and all of their Excluded Property and the Project (if required by any Legal Requirements), from the Leased Premises, and may remove from the Leased Premises and store without any liability for loss, theft, damage or destruction thereto)any such Excluded Property at Tenant's sole cost and expense. For so long as Tenant remains in possession of the Leased Premises after such expiration, termination or rentals and charges due. If upon Lessor’s exercise by Landlord of its re-entry there remains any personal property of Lessee or any person holding under or through it pursuant right, Tenant shall be deemed to Section 2.3be occupying the Leased Premises as a tenant-at-sufferance, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession subject to all of the property and sell it at public or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession obligations of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry upon default by Lessee or a termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the remainder of the then current lease term and such other charges and/or obligations, if any as may be otherwise payable Tenant under this Lease, . No such holding over shall be and become immediately due and payable and extend the liability of Lessee for the full amount provided herein shall not be extinguished for the balance of the term of this LeaseTerm. Lessee shall make good If Tenant fails to Lessor any deficiency arising from a reletting surrender possession of the Leased Premises in the condition herein required, Landlord may, at a lesser rental than that hereinbefore agreed upon. Lessee shall pay Tenant's expense, restore the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the presentment of invoices thereforLeased Premises to such condition.

Appears in 1 contract

Samples: Lease Agreement (Harvest States Cooperatives)

Right of Re-Entry. Upon Notwithstanding anything hereinbefore contained, the termination SLCIDA’s right of re-entry hereunder for nonpayment of rent, nonperformance of covenants, seizure or forfeiture shall become exercisable upon such default being made beyond applicable cure periods. Provided, further, that upon such re-entry by the SLCIDA under the terms of this Section or any other provision or provisions of this Lease, however such termination is brought aboutthe SLCIDA may, whether by Lessor’s election in addition to terminate under any one or more of other remedies to which the foregoing provisionsSLCIDA may be entitled, or otherwiseat its option, Lessor may immediately, or at any time thereafter, re-enter and from time to time relet the Leased Premises without notice demised premises or demand and remove all persons and things therefrom with or without legal process and without prejudice to any part of Lessor’s other legal rights, using such force as may be necessary or proper parts thereof for the purpose. Any and all claims for damages by reason of Lessor’s re-entry or the form or manner of re-entry or the taking possession account of the Leased Premises are hereby waived as also are all claims for damage by reason of any proceedings in LESSEE or otherwise and receive and collect the nature of executionrents therefore, attachment, sequestration, forcible detainer or other legal action which Lessor may employ to recover possession of the Leased Premises or rentals and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it pursuant to Section 2.3, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of the property and sell it at public or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place applying the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, the proceeds of sale shall be applied first to the costs of the sale, second to the payment of such expenses as the SLCIDA may have incurred in recovering possession of the demised premises, including the legal fees and for putting the same into good order or condition for re- rental and all other out of pocket expenses (excluding the cost of renovation or altering the demised premises), commissions and charges for storagepaid, if any, assumed or incurred by the SLCIDA in or about reletting the premises and third then to the payment fulfillment of any other amounts which the covenants of the LESSEE hereunder. Any such reletting herein provided for may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry upon default by Lessee or a termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the remainder of the then current lease term as originally granted or for a longer or shorter period. In any case and such whether or not the demised premises or any part thereof be relet, the LESSEE shall pay to the SLCIDA the rental hereby reserved and all other charges and/or obligations, if any sums required to be paid by the LESSEE as may be they would otherwise payable under this Lease, shall be and become immediately come due and payable up to the time of the termination of this Lease or of recovery of possession of the demised premises by the SLCIDA, as the case may be, and thereafter, the liability of Lessee for LESSEE covenants and agrees, if required by the full amount provided herein shall not be extinguished for SLCIDA, to pay to the balance SLCIDA until the end of the term of this Lease. Lessee shall make good to Lessor any deficiency arising from a reletting Lease the equivalent of the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay amount of all the rental deficiency each month as rentals hereby reserved and all other sums required to be paid by the amount thereof is ascertained by Lessor, upon the presentment of invoices thereforLESSEE.

Appears in 1 contract

Samples: Industrial Building Lease Agreement

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Right of Re-Entry. Upon the expiration or termination of this Lease, however such termination is brought about, whether by Lessor’s election to terminate under any one or more of the foregoing provisionsTerm for whatever cause, or otherwise, Lessor may immediately, or at any time thereafter, upon the exercise by Landlord of its right to re-enter the Leased Premises without notice or demand terminating this Lease, Tenant shall immediately, quietly and remove all persons and things therefrom with or without legal process and without prejudice peaceably surrender to any of Lessor’s other legal rights, using such force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor’s re-entry or the form or manner of re-entry or the taking Landlord possession of the Leased Premises are hereby waived as also are all claims in “broom clean” and good order, condition and repair, except only for ordinary wear and tear, damage by reason of any proceedings in the nature of execution, attachment, sequestration, forcible detainer or other legal action which Lessor may employ casualty not covered by Section 15.2 and repairs to recover possession of the Leased Premises or rentals and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it be made by Landlord pursuant to Section 2.315.1. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (Or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other than property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of Tenant not removed from the Premises on the abandonment of the property and sell it at public Premises or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against on the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession expiration of the property and hold it for the owners thereof Term or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry upon default by Lessee or a sooner termination of this Lease occasioned for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by reason thereofLandlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the lease rentals due hereunder for the remainder disposition of such property in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with surrender of the then current lease term Premises until Landlord has inspected the Premises and delivered to Tenant a written release. While Tenant remains in possession of the Premises after such other charges and/or obligationsexpiration, if any termination or exercise by Landlord of its re-entry right, Tenant shall be deemed to be occupying the Premises as may be otherwise payable a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be and become twice the per-day Rent in effect immediately due and payable and before such expiration, termination or exercise by Landlord. No such holding over shall extend the liability of Lessee for the full amount provided herein shall not be extinguished for the balance Term. If Tenant fails to surrender possession of the term of this Lease. Lessee shall make good Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to Lessor any deficiency arising from a reletting of the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the presentment of invoices thereforsuch condition.

Appears in 1 contract

Samples: Lease Agreement (Raser Technologies Inc)

Right of Re-Entry. Upon Notwithstanding anything in this Lease to the termination contrary provided, in case of default in any of the covenants hereof, or if the premises become vacant and Tenant stops paying rent, the Lessor may re-enter by means of summary proceedings or any other method prescribed by law, with or without notice of any intention to do so, and resume possession and re-let the premises in its own name, without terminating this Lease or in any manner affecting the obligation of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the account of the Lessee the amount received from re-letting, after deducting the expenses of such summary or other proceedings, including legal fees, as may be necessary in order that Lessor regain possession under this provision, as well as the expense incurred in re-letting the premises, and repairing and redecorating if any, and the execution of a new lease for the same premises shall not terminate the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect for the full term of this Lease, however such termination is brought about, whether by Lessor’s election to terminate under any one or more of the foregoing provisions, or otherwise, Lessor and a Lessee who has once vacated may immediately, or at any time thereafter, not re-enter without the Leased Premises written consent of the Lessor or its agents; and no act or thing done by the Lessor or its agents during the term hereby granted shall be deemed an acceptance or surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed in this Lease without notice or demand and remove all persons and things therefrom with or without legal process and without prejudice to releasing the Lessee from any of Lessor’s other legal rights, using such force as may be necessary or proper for the purposeliability. Any The Lessee hereby expressly waives any and all claims for damages right of redemption in the event the Lessee shall be dispossessed by reason judgment or warrant of Lessor’s re-entry any court or judge. Lessee waives and will waive all right to trial by jury in any summary proceeding hereafter instituted by the form or manner of re-entry or Lessor against the taking possession Lessee in respect of the Leased Demised Premises are hereby waived as also are all claims for damage by reason of or in any proceedings in the nature of execution, attachment, sequestration, forcible detainer or other legal action which Lessor may employ brought to recover possession of the Leased Premises rent or rentals and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it pursuant to Section 2.3, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of the property and sell it at public or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry upon default by Lessee or a termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the remainder of the then current lease term and such other charges and/or obligations, if any as may be otherwise payable under this Lease, shall be and become immediately due and payable and the liability of Lessee for the full amount provided herein shall not be extinguished for the balance of the term of this Lease. Lessee shall make good to Lessor any deficiency arising from a reletting of the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the presentment of invoices therefordamages hereunder.

Appears in 1 contract

Samples: Lease Agreement (Ibs Interactive Inc)

Right of Re-Entry. Upon the expiration or termination of the Term for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises in "broom clean" and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not covered by Section 15.2 and repairs to be made by Landlord pursuant to Section 15.1. If Tenant is in default under this Lease, Landlord shall have alien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Ann. (Or any replacement provisiox). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, however such termination is brought about, whether by Lessor’s election to terminate under any one or more trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the foregoing provisions, Premises or otherwise, Lessor may immediately, or at any time thereafter, re-enter on the Leased Premises without notice or demand and remove all persons and things therefrom with or without legal process and without prejudice to any of Lessor’s other legal rights, using such force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor’s re-entry or the form or manner of re-entry or the taking possession expiration of the Leased Premises are hereby waived as also are all claims for damage by reason of any proceedings in the nature of execution, attachment, sequestration, forcible detainer Term or other legal action which Lessor may employ to recover possession of the Leased Premises or rentals and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it pursuant to Section 2.3, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of the property and sell it at public or private sale without notice to Lessee, and this right to take and sell shall be a prior lien and claim against the property, subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the property and sell it, the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry upon default by Lessee or a sooner termination of this Lease occasioned for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by reason thereofLandlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the lease rentals due hereunder for the remainder disposition of such property in excess of any amount received by Landlord from such disposition. Tenant stall not be released from Tenant's obligations under this Lease in correction with surrender of the then current lease term Premises until Landlord has inspected the Premises and delivered to Tenant a written release. While Tenant remains in possession of the Premises after such other charges and/or obligationsexpiration, if any termination or exercise by Landlord of its re-entry right. Tenant shall be deemed to be occupying the Premises as may be otherwise payable a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily Rent shall be and become twice the per-day Rent in effect immediately due and payable and before such expiration, termination or exercise by Landlord. No such holding over shall extend the liability of Lessee for the full amount provided herein shall not be extinguished for the balance Term. If Tenant fails to surrender possession of the term of this Lease. Lessee shall make good Premises in the condition herein required, Landlord may, at Tenant's expense, restore the Premises to Lessor any deficiency arising from a reletting of the Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the presentment of invoices thereforsuch condition.

Appears in 1 contract

Samples: Lease Agreement (Category 5 Technologies Inc)

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