Right to Distrain. Tenant agrees that Landlord shall have the right to distrain for any arrears of Rent without notice to Tenant, in addition to the other rights reserved to it. For such purpose Landlord shall have the right to enter the Premises as agent of Tenant either by force or otherwise without being liable for any prosecution therefor and to take possession of any goods and chattels whatever on the Premises, and to sell the same at public or private sale and apply the proceeds of such sale on account of the Rent or in satisfaction of the breach of any covenant, obligation or agreement of Tenant under this Lease and Tenant shall remain liable for the deficiency, if any. Notwithstanding anything contained in any statute concerning commercial tenancies in the province in which the Building is located, (the “Act”) or any successor legislation or other statute which may hereafter be passed to take the place of the said Act or to amend the same, none of the goods and chattels of Tenant at any time during the continuance of the Term shall be exempt from levy by distress for Rent and Tenant hereby waives all and every benefit that it could or might have under such Act. Upon any claim being made for such exemption by Tenant, or on distress being made by Landlord, this provision may be pleaded as an estoppel against Tenant in any action brought to test the right to the levying of distress upon any such goods. In exercising its right to distrain, Landlord in addition to the rights reserved to it shall have the right:
Right to Distrain. At the option of the Landlord, the following shall become fully and immediately due and payable by the Tenant and the Landlord may immediately distrain for the same, together with any arrears then unpaid:
Right to Distrain. For the purpose of the Distress Act (Chapter 84) and of these presents, all moneys payable under this Lease (including GST) and the Interest payable on late payments shall be deemed to be rent recoverable in the manner provided in the Distress Act (Chapter 84) and all such monies shall be deemed to be rent in arrears if not paid in advance or at the times and in the manner as provided in this Lease. All costs and expenses (including legal fees on an indemnity basis) of and incidental to any distraint shall be payable by the Lessee and in so far as such sums are not recovered under such distraint, they shall be recoverable as a debt from the Lessee to the Lessor.
Right to Distrain. For the purposes of the Distress Act (Cap. 84) and of these presents, all moneys payable under this Agreement (including Rent and GST) and the interest payable on late payments shall be deemed to be rent recoverable in the manner provided in the said Act and the rent shall be deemed to be in arrear if not paid in advance at the times and in the manner provided in this Agreement thereof. All costs and expenses (including legal fees on a solicitor and client and indemnity basis) of and incidental to any distraint shall be payable by the Tenant and in so far as those not recovered under the distraint shall be recoverable as a debt.
Right to Distrain. 12.4 Landlord May Follow Chattels
Right to Distrain. If the Tenant is in default pursuant to Section 21.1(a), at the option of the Landlord the following shall become fully and immediately due and payable by the Tenant and the Landlord may immediately distrain for the same, together with any arrears then unpaid:
Right to Distrain. It is hereby expressly agreed that all moneys payable under this Agreement by the Tenant to the Landlord, including but not limited to the Rents (comprising the rent, hire charge and maintenance and service charge), increases in property tax payable by the Tenant, goods and services tax, interest payable on moneys which are due but unpaid and costs and expenses payable by the Tenant to the Landlord, shall be deemed to be rent recoverable in the manner provided in the Distress Act (Cap. 84). For the purposes of the said Act and for the purposes of any right or remedy which the Landlord wishes to exercise or pursue, all such moneys shall be deemed to be rent in arrears if not paid at the times and in the manner as provided in this Agreement. All costs and expenses (including all legal costs and charges on a solicitor and client and indemnity basis) incurred pursuant to, or in anyway arising in relation to, any step taken by the Landlord in the exercise of its rights under the said Act, or pursuant to any other right or remedy available to the Landlord, shall be payable by the Tenant, and, insofar as such sums are not recovered under such distrain, they shall be recoverable as a debt from the Tenant to the Landlord.
Right to Distrain. 21.1 In the event that the Tenant should neglect, refuse or omit to perform any of its obligations hereunder and if such obligation require the payment of money, supply of materials or the performance of services, the Landlord may, at its option and after having given the Tenant 10 days notice of its intention so to do, pay the money, supply the materials or perform the services, and the cost to the Landlord of so doing plus an administration charge of 20% of such cost shall be recoverable by the Landlord from the Tenant forthwith upon the Landlord giving notice to the Tenant of the amount thereof.
Right to Distrain. The Chargee, subject to any applicable legislation, may distrain for arrears of any portion of the Principal Amount, Interest or any other amounts due and unpaid hereunder. The Chargor waives all rights to claim exemption and confirms that there is no limit in the amount for which the Chargee may distrain.
Right to Distrain. Subject to Article 16.0, in the event of default in payment of any amount payable to the Landlord under this Lease, the Landlord may seize and sell the Tenant's property on the Lands and apply the proceeds of such sale firstly to the costs of the seizure and sale, secondly to interest payable on unpaid amounts, and then, finally to payment of the unpaid amounts. The Landlord shall not levy distress against nor seize or sell any property of a Subtenant. If the Tenant vacates the Lands leaving any Rent or other amount payable under this Lease unpaid, the Landlord, in addition to any remedy otherwise provided by law, may seize and sell the property of the Tenant removed from the Lands at any place to which the Tenant or any other Person may have removed such property in the same manner as if such property had remained upon the Lands.
