Right to Distrain. The Tenant waives and renounces the benefit of any present or future statute purporting to limit or qualify the Landlord’s right to distrain and agrees with the Landlord that in any of the events set out in Section 7.2, the Landlord, in addition to the other rights reserved to it, shall have the right to enter the Leased Premises as agent of the 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 Leased Premises, save and except any such goods and chattels which are owned by any occupiers of the Leased Premises, other than the Tenant, and to sell the same at public or private sale without notice 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 the Tenant under this Lease and the Tenant shall remain liable for the deficiency, if any. Notwithstanding anything contained in the Commercial Tenancies Act, R.S.O. 1990, c. L. 7 or any successor legislation or other statute which may hereafter be passed to take the place of the said Section or to amend the same, none of the goods and chattels of the Tenant at any time during the continuance of the Term shall be exempt from levy by distress for Rent and the Tenant hereby waives all and every benefit that it could or might have under such Section. Upon any claim being made for such exemption by the Tenant, or on distress being made by the Landlord, this provision may be pleaded as an estoppel against the Tenant in any action brought to test the right to the levying upon any such goods.
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:
(a) the full amount of the current month’s and the next ensuing three months’ installments of Base Rent,
(b) all expenses incurred by the Landlord in performing any of the Tenant’s obligations under this Lease, re-entering and re-letting, collecting sums due or payable by the Tenant, effecting seizure and realizing upon assets seized (including brokerage, legal fees and disbursements), and the expense of keeping the Premises in good order, repairing the same and preparing them for re-letting. The Landlord may seize and sell such goods, chattels and equipment of the Tenant whether within the Premises or removed therefrom and may apply the proceeds thereof to all Rent and other payments to which the Landlord is then entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item, or partly by one means and partly by another, all as the Landlord in its entire discretion may decide. If any of the Tenant’s property is disposed of as provided in this Section 20.6, ten (10) days’ prior notice to the Tenant of disposition shall be deemed to be commercially reasonable.
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. Landlord May Follow Chattels
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. A rent default (“Rent Default”) shall be deemed to have occurred upon the Tenant failing to pay Rent in accordance with the terms of this Lease and such failure continues for 30 Business Days following written demand for the payment thereof being made by the Landlord on the Tenant. Upon the occurrence of a Rent Default, the Landlord shall have the right, at its option and in addition to any other rights or remedies it has under this Lease or at law or in equity to distrain upon the goods of the Tenant by the Landlord giving the Tenant notice of such distress (“Intention to Distrain”). Upon the Tenant receiving an Intention to Distrain, the Tenant shall have a further five Business Days in which to cure the Rent Default, failing which the Landlord shall only then be entitled to distrain upon the Tenant’s goods in accordance with the terms of this section.
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. In the event that 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, Landlord may, at its option and after having given Tenant 10 days' notice of its intention so to do, pay the money, supply the materials or perform the services, and the cost to Landlord of so doing plus an administration charge of 20% of such cost shall be recoverable by Landlord from Tenant forthwith upon Landlord giving notice to Tenant ofthe amount thereof.
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.
