Common use of Right to Distrain Clause in Contracts

Right to Distrain. The Tenant agrees that the Landlord shall have the right to distrain for any arrears of Rent without notice to the Tenant, in addition to the other rights reserved to it. For such purpose the Landlord shall have the right to enter the 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 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 the Tenant under this Lease and the Tenant shall remain liable for the deficiency, if any. Notwithstanding anything contained in the Commercial Tenancies Act (Ontario), 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 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 act. 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 of distress upon any such goods.

Appears in 2 contracts

Samples: Confidential Treatment (Fluidigm Corp), Office Lease (Ultimate Software Group Inc)

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Right to Distrain. The Tenant agrees that waives and renounces the Landlord shall have benefit of any present or future statute purporting to limit or qualify the Landlord’s right to distrain for and agrees with the Landlord that in any arrears of Rent without notice to the Tenantevents set out in Section 7.2, the Landlord, in addition to the other rights reserved to it. For such purpose the Landlord , 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 (Ontario)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 act 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 actSection. 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 of distress upon any such goods.

Appears in 2 contracts

Samples: Lease Amending and Extension Agreement (Intellon Corp), Intellon Corp

Right to Distrain. The Tenant agrees that the Landlord shall have the right to distrain for any arrears of Rent without notice to the Tenant, in addition to the other rights reserved to it. For such purpose the Landlord shall have the right to enter the 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 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 the Tenant under this Lease and the Tenant shall remain liable for the deficiency, if any. Notwithstanding anything contained in any statute concerning commercial tenancies in the Commercial Tenancies Act province in which the Building is located, (Ontario), the “Act”) or any successor legislation or other statute which may hereafter be passed to take the place of the said act Act 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 actAct. 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 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:

Appears in 2 contracts

Samples: Office Space Lease (Aquinox Pharmaceuticals, Inc), Office Space Lease (Legend Oil & Gas, Ltd.)

Right to Distrain. The Tenant agrees that waives and renounces the Landlord shall have benefit of any present or future statute purporting to limit or qualify the Xxxxxxxx'x right to distrain for and agrees with the Landlord that if any arrears of Rent without notice to the Tenantevents set out in Section 12.2 hereof shall occur, the Landlord, in addition to the other rights reserved to it. For such purpose the Landlord , 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 an 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 sag 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 lease and the Tenant shall remain liable for the deficiency, if any. Notwithstanding anything contained in the Commercial Tenancies Act (Ontario)Landlord and Tenant Act, R.S.O. 1980, or any successor legislation or other statute which may hereafter be passed to take the place of the said act Act 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 actAct. 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 of distress upon any such goods.

Appears in 1 contract

Samples: Lease (It Staffing LTD)

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Right to Distrain. The Tenant agrees that the Landlord shall have the right to distrain for any arrears of Rent without notice to the Tenant, in addition to the other rights reserved to it. For such purpose the Landlord shall have the right to enter the 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 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 the Tenant under this Lease and the Tenant shall remain liable for the deficiency, if any. Notwithstanding anything contained in any statute concerning commercial tenancies in the Commercial Tenancies Act province in which the Building is located, (Ontario), the “Act”) or any successor legislation or other statute which may hereafter be passed to take the place of the said act Act 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 actAct. 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 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: .1 to enter the Premises by force or otherwise without being liable for any prosecution therefor;

Appears in 1 contract

Samples: Office Space Lease (Imageware Systems Inc)

Right to Distrain. The Tenant agrees that waives and renounces the benefit of any present or future statute purporting to limit or qualify the Landlord shall have the right to distrain for and agrees with the Landlord that in any arrears of Rent without notice to the Tenantevents set out in Section 7.2, the Landlord, in addition to the other rights reserved to it. For such purpose the Landlord , 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 Section 30 of The Landlord and Tenant Act (Ontario), R.S.O. 1970 or any successor legislation or other statute which may hereafter be passed to take the place of the said act Section or to amend the same, none of the goods and chattels of the Tenant at any time during the continuance of or 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 actSection. 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 of distress upon any such goods.

Appears in 1 contract

Samples: Lease Amending Agreement (Intellon Corp)

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