Right to Re-enter. If the Event of Default is the nonpayment of Rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession of the premises and Tenant will then have no further right to possession under the Lease. Tenant remains liable to Landlord for the payment of all Rent and other charges which Tenant has agreed to pay under this Lease throughout the remainder of its Term. If Landlord elects to re-enter, as provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet all or any part of such Premises for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment of any indebtedness other than rent due under this Lease from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breach.
Appears in 3 contracts
Samples: Lease Agreement (Coolsavings Com Inc), Lease Agreement (Hotjobs Com LTD), Disturbance and Attornment Agreement (Coolsavings Com Inc)
Right to Re-enter. If the Event event of Default default is for the nonpayment of Rentrent, Landlord may, as an alternative to terminating the Lease, serve a written demand Notice for possession or payment. Unless the Rent is rent, additional rent, and any other amounts due under this Lease are paid in accordance with the demand for possession or payment, Landlord is shall be entitled to possession of the premises Premises and Tenant will then shall have no further right to possession under the Lease, but Tenant shall not be relieved of any of its liability hereunder. Tenant remains shall remain liable to Landlord for the payment of all Rent rent and other charges which Tenant has agreed to pay under this Lease throughout the remainder of its Termterm. If Should Landlord elects elect to re-enter, as herein provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet all said Premises or any part of such Premises thereof for such term or terms (which may be for a term extending beyond the Term term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable sole discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, Notwithstanding anything herein to the payment contrary, Landlord may, without demand or notice, reenter and take possession of the premises or any part of the premises, repossess the same, expel tenant and those claiming through or under tenant, and remove the effects of both or either, using such force for such purposes as may be necessary, without being liable for prosecution, without being deemed guilty of any indebtedness other than rent due manner of trespass, and without prejudice to any remedies for arrears of amounts payable under this Lease from Tenant to Landlord; second, to the payment or as a result of any costs and expenses preceding breach of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry covenants or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breachconditions.
Appears in 2 contracts
Samples: Sub Lease Agreement (XRG Inc), Sub Lease Agreement (XRG Inc)
Right to Re-enter. If In the Event event of Default is any failure of Tenant to pay any rental due hereunder within ten (10) days after same shall be due, or any failure to perform any other of the nonpayment terms, conditions or covenants of Rentthis lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been given to Tenant, Landlord mayor if Tenant or any guarantor of this lease shall become bankrupt of insolvent, as or file any debtor proceedings or take or have taken against Tenant or any guarantor makes an alternative assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Tenant shall abandon said premises, or suffer this lease to terminating be taken under any writ or execution, them Landlord, besides other rights or remedies it may have, shall have the Leaseimmediate right or re-entry any may remove all persons and property from the leased premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, serve a written demand and for possession the account of, Tenant, all without service of notice or paymentresort to legal process all of which Tenant expressly waives, and without being deemed guilty. Unless the Rent is paid in accordance with the demand of trespass, or becoming liable for possession any loss or payment, Landlord is damage which may be occasioned thereby. The Lessor shall be entitled to hold lessee liable for the difference between the monthly minimum rent which would have been payable during the residue of the original term of this lease continued in force and the net monthly minimum rent for the residue of the term realized by the Lessor by means of reletting the leased premises to other parties. The Lessee agrees that in determining such net monthly minimum rent; there shall be deducted from the gross rent received by reason of such reletting, a reasonable expense incurred by the Lessor in recovering possession of the premises and Tenant will then have no further right to possession under the Leasepremises. Tenant remains liable to Landlord The Lessee agrees that said reletting may be for the payment whole of all Rent and other charges which Tenant has agreed to pay under this Lease throughout said residue of the remainder of its Term. If Landlord elects to re-enter, as provided, it may leased term or for portions thereof from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order of the whole of said premises or of portion thereof form time to relet time as opportunity may offer and as the PremisesLessor may deem expedient, and relet all or any part of in such Premises case the Lessee shall for such term or terms (each period for which may monthly minimum rent shall be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment of any indebtedness other than rent due payable under this Lease from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees be liable for the difference from time to time, between the proportionate part of the monthly minimum rent as fixed by this lease and attorneys' fees the net monthly minimum rent received for such period of letting. The Lessor agrees to use Lessors best endeavors to rent the leased premises for the highest rent that can be obtained therefor. When this lease shall be determined by condition broken, either during the original term of this lease or any renewal or extension thereof, and also when and as soon as the term hereby created or any extension thereof shall have expired, it shall be lawful for any attorney as attorney for Tenant to file an agreement for entering in any competent court an amicable action and judgement in ejection against tenant and all persons claiming under Tenant for recovery by Landlord of costs possession of the herein demised premised, for which this lease shall be his sufficient warrant, whereupon, if Landlord so desires, a Writ of Execution or of possession may issue forthwith, without any prior writ or proceedings whatsoever, and provided that if for any reason after such alterations action shall have been commenced the same shall be determined and repairs; thirdthe possession the premises hereby demised remain in or be restored to Tenant, Landlord shall have the right, upon any subsequent default or defaults, or upon the termination of this lease as hereinbefore set forth, to bring one more amicable action or actions hereinbefore set forth in recover possession of the payment said premises. The right to enter judgment against Tenant and to enforce all of Rent the other provisions of this lease hereinabove provided for may, at the option of any assignee of this lease, be exercised by any assignee of the Landlord's right, title and other charges due from Tenantinterest in this lease in his, her or their own name, notwithstanding the fact that any or all assignments of the said right, title and interest may not be executed and/or witnessed in accordance with the Act of Assembly of May 28, 1715, 1 Sm L 99, and all supplements and amendments thereto that have been or may hereafter be passed and Tenant hereby expressly waives the residue, if any, will requirement of said Act of Assembly and any and all laws regulating the manner and/or form in which said assignments shall be held by executed and witnessed. All of the remedies hereinbefore given to Landlord and applied all rights and remedies given to it by law equity shall be cumulative and concurrent. No determination of this lease or the taking or recovering of the premises shall deprive Landlord of any of its remedies or actions against the Tenants for rent due at the time or which, under the terms hereof, would in payment of the future rent as the same may become due and payable. If such rentals and as if there has been no determination, or for the sum due at the time, or which, under the terms hereof, would in the future become due as if there had been no determination, nor shall the bringing of any action for rent or breach of covenant, or the resort to any other sums received from such reletting during any month are insufficient to pay remedy herein provided for the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession recovery of such premises by Landlord may rent be construed as an election on its part a waiver of the right to terminate this Leaseobtain possession of the premises. Notwithstanding any such reletting without terminationNOTICE & OPPORTUNITY Anything to the contrary herein notwithstanding, Landlord may at not exercise any time elect default rights unless it shall first have given tenant written notice of default and tenant shall have failed to terminate this Lease for cure same within ten (10) days after receipt of such previous breachnotice in the case of non-payment of rent, and within thirty (30) days after receipt of notice in case of other defaults.
Appears in 2 contracts
Samples: Lease Agreement (United Bancshares Inc /Pa), Lease Agreement (United Bancshares Inc /Pa)
Right to Re-enter. If the Event of Default is the nonpayment of Rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession of the premises Premises and Tenant will then have no further right to possession under the Lease. Tenant remains liable to Landlord for the payment of all Rent and other charges which Tenant has agreed to pay under this Lease throughout the remainder of its Term. If Landlord elects to re-enter, as provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet all or any part of such Premises for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment of any indebtedness other than rent due under this Lease from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breach.
Appears in 2 contracts
Samples: Lease Agreement (Paragon Financial Corp), Lease Agreement (Coolsavings Inc)
Right to Re-enter. (a) If the an Event of Default is occurs, (i) the nonpayment of Rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession full amount of the premises current month's and Tenant the next three (3) months' instalments of Rent (calculated according to Section 10.1(b)) will then have no further immediately be due and payable, and (ii) the Landlord may re-enter and re-possess the Leased Premises. If the Landlord re-enters, at the Landlord's option, this Lease and all of the Tenant's rights under it will terminate without any liability to the Landlord for loss or damage, and without prejudice to the Landlord's right to possession under the Lease. Tenant remains liable to Landlord for the payment recover any arrears of all Rent and other charges which damages for any previous breach by the Tenant has agreed to pay under this Lease throughout the remainder of its Term. If Landlord elects to re-enter, as provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet all or any part of such Premises for such term or terms (which may be for a term extending beyond the Term of this Lease) and at . On such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment of any indebtedness other than rent due under this Lease from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without a termination, the Tenant will promptly (and in any case within ten (10) days after written notice requiring it to do so) remove all of its property from the Leased Premises, or the Landlord may at any time elect remove all or part of the property from the Leased Premises and store it in a public warehouse or elsewhere at the cost of the Tenant. Despite anything to terminate the contrary, in such event the Landlord will not be responsible for loss or damage to any of the Tenant's property regardless of how the loss or damage is caused, even if by negligence. If the Tenant fails to remove its property as required, or if it fails to pay the Landlord's costs of removal and storage within ten (10) days after written notice specifying those costs, the Tenant will be considered to have abandoned its property and the Landlord will be entitled to retain or to sell or dispose of it for the Landlord's own benefit. Despite any termination for an Event of Default, the Landlord may sue the Tenant for damages, including loss of future Rent as a result of this Lease being prematurely terminated (for such previous breachwhat would have been the remainder of the Term had the Lease not been terminated) and the cost of recovering the Leased Premises. If any legal proceedings are instituted because of an Event of Default, the Tenant will pay the Landlord's expenses, including legal fees on a solicitor and client basis.
Appears in 1 contract
Samples: Office Lease (Beaconsfield I Inc)
Right to Re-enter. a. If the an Event of Default is occurs, (i) the nonpayment of Rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession full amount of the premises current month’s and Tenant the next two (2) months’ installments of Rent (calculated according to Section 7.1(b), will then have no further immediately be due and payable, and (ii) the Landlord may re-enter and re-possess the Leased Premises. If the Landlord re-enters, at the Landlord’s option, this Lease and all of the Tenant’s rights under it will terminate without prejudice to the Landlord’s right to possession under the Lease. Tenant remains liable to Landlord for the payment recover any arrears of all Rent and other charges which damages for any previous breach by the Tenant has agreed to pay under this Lease throughout the remainder of its Term. If Landlord elects to re-enter, as provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet all or any part of such Premises for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions . Despite any termination for an Event of Default, the Landlord may sue the Tenant for damages, including loss of future Rent as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment a result of any indebtedness other than rent due under this Lease from being prematurely terminated and the cost of recovering the Leased Premises. If any legal proceedings are instituted because of an Event of Default, the Tenant to will pay the Landlord; second, to the payment of any costs and expenses of such reletting’s reasonable expenses, including reasonable brokerage legal fees on a solicitor and attorneys' fees client basis. On such a termination, the Tenant will promptly (and in any case within ten (10) business days after written notice requiring it to do so) remove all of costs of such alterations and repairs; third, to its property from the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payableLeased Premises. If such rentals and other sums received from such reletting during any month are insufficient to pay written notice period has expired, the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect thereafter remove all or part of the property from the Leased Premises and store it in a public warehouse or elsewhere at the cost of the Tenant. Despite anything to terminate this Lease the contrary, in such event the Landlord will not be responsible for such previous breachloss or damage to any of the Tenant’s property regardless of how the loss or damage is caused, even if by negligence. If the Tenant fails to remove its property as required, or if it fails to pay the Landlord’s costs of removal and storage within ten (10) business days after written notice specifying those costs, the Tenant will be considered to have abandoned its property and the Landlord will be entitled to retain or to sell or dispose of it for the Landlord’s own benefit.
Appears in 1 contract
Samples: Office Lease (Telvent Git S A)
Right to Re-enter. If the Event of Default is the nonpayment of Rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession of the premises Premises and Tenant will then have no further right to possession under the Lease. Tenant remains liable to Landlord for the payment of all Rent and other charges which Tenant has agreed to pay under this Lease throughout the remainder of its Term. If Landlord elects to re-enter, as provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet all or any part of such Premises for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment of any indebtedness other than rent due under this Lease from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' ’ fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breach.
Appears in 1 contract
Samples: Lease Agreement (Ecollege Com)
Right to Re-enter. If In the Event event of Default is the nonpayment of Rentany breach/default as provided in Paragraph 21.01., Landlord mayshall have the immediate right of re-entry and may remove all persons and property from the Leased Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession of the premises and Tenant will then have no further right to possession under the Lease. Tenant remains liable to Landlord for the payment account of, Tenant, all without being deemed guilty of all Rent and other charges trespass, or becoming liable for any loss or damage which Tenant has agreed to pay under this Lease throughout the remainder of its Termmay be occasioned thereby. If Should Landlord elects elect to re-enter, enter as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Leased Premises, and relet all the Leased Premises or any part of such Premises hereof for such term or terms (which may be for a term extending beyond the Term of this LeaseLease Term) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable sole discretion may deem advisable. Upon ; upon each such reletting all rentals and other sums received by the Landlord from such reletting are shall be applied, first, to the payment of any indebtedness other than rent due under this Lease rendered hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' attorney's fees and of costs of such alterations and repairs; third, to the payment of Rent rent due and other charges due from Tenant, unpaid hereunder and the residue, if any, will shall be held by Landlord and applied in payment of future rent rents as the same may become due and payablepayable hereunder. If such rentals and other sums received from such reletting during any month are insufficient be less than that to pay the Rent and other charges due from Tenantbe paid during that month by tenant hereunder, Tenant agrees to shall pay any such deficiency to Landlord. Such deficiency will shall be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breach.
Appears in 1 contract
Right to Re-enter. If the Event of Default Tenant fails to pay Rent that is the nonpayment of Rentin arrears within fifteen (15) days after, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession keep any one or payment, Landlord is entitled to possession more of the premises and Tenant will then have no further right to possession under the Lease. Tenant remains liable to Landlord for the payment other terms, conditions or covenants of all Rent and other charges which Tenant has agreed to pay under this Lease throughout to be observed or performed by the remainder Tenant, or if the Tenant or an agent of its Term. If the Tenant falsifies a report or statement required to be furnished to the Landlord elects pursuant to re-enter, as provided, it may from time to time, without terminating this Lease, make such alterations or if re-entry is permitted under other terms of this Lease, the Landlord in addition to any other right or remedy it may have, will have the right of immediate re-entry and repairs as may be necessary in order to relet remove all persons and property from the Premises, and relet the property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of the Tenant, all without service of notice or resort to legal process and without the Landlord being considered liable for trespass or becoming liable for loss or damage occasioned thereby, PROVIDED THAT the Landlord shall give the Tenant 15 days notice in writing before taking any part action allowed herein for deficiencies or breaches set out in this lease other than the non-payment or arrears of rent. Provided that if the default or deficiency is one which cannot reasonably be rectified within 15 days of the Tenant’s receipt of notice of such Premises for default or deficiency, then the Tenant shall be deemed not to be in default if the Tenant commences rectification of the default or deficiency forthwith upon receipt of notice of such term default or terms (which deficiency, attends continuously to rectify and does rectify the default or deficiency, even though such rectification may be for a term extending beyond the Term take longer than 15 days after such notice of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums default is received by Landlord from such reletting are applied, first, to the payment of any indebtedness other than rent due under this Lease from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breach.
Appears in 1 contract
Samples: Lease
Right to Re-enter. a) If the an Event of Default is occurs, (i) the nonpayment of Rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession full amount of the premises current month’s and Tenant the next three (3) months’ installments of Rent (calculated according to Section 8.1b)) and GST will then have no further right to possession under immediately be due and payable, and (ii) the LeaseLandlord may without notice or any form of legal process whatsoever forthwith re-enter and repossess the Leased Premises. Tenant remains liable to if the Landlord for the payment of all Rent and other charges which Tenant has agreed to pay under this Lease throughout the remainder of its Term. If Landlord elects becomes entitled to re-enterenter then, as providedat the Landlord’s option to be exercised by written notice to the Tenant, the Landlord can forthwith terminate this Lease and all of the Tenant’s rights under it may from time will terminate without prejudice to time, without terminating this Lease, make such alterations the Landlord’s right to recover any arrears of Rent and repairs as may be necessary in order to relet damages for any previous breach by the Premises, and relet all or any part of such Premises for such term or terms (which may be for a term extending beyond the Term Tenant of this Lease) . Despite any termination for an Event of Default, the Landlord may xxx the Tenant for damages, including loss of future Rent as a result of this Lease being prematurely terminated and at such rental or rentals the cost of recovering the Leased Premises. If any legal proceedings are instituted because of an Event of Default, the Tenant will pay the Landlord’s expenses, including legal fees on a solicitor and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisableclient basis. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment of any indebtedness other than rent due under this Lease from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, the Tenant will promptly (and in any case within ten (10) days after written notice requiring it to do so) remove all of its property from the Leased Premises, or the Landlord may at any time elect remove all or part of the property from the Leased Premises and store it in a public warehouse or elsewhere at the cost of the Tenant. Despite anything to terminate this Lease the contrary, the Landlord will not be responsible for such previous breachloss or damage to any of the Tenant’s property regardless of how the loss or damage is caused, even if by negligence. If the Tenant fails to remove its property as required, or if it fails to pay the Landlord’s costs of removal and storage within ten (10) days after written notice specifying those costs, the Tenant will be considered to have abandoned its property and the Landlord will be entitled to remove it at the Tenant’s cost or retain or sell or dispose of it for the Landlord’s own benefit.
Appears in 1 contract
Samples: Agreement of Lease (Dirtt Environmental Solutions LTD)
Right to Re-enter. If In the Event event of termination of this Lease, either by operation of law, by issuance of a dispossessory warrant, by service of notice, or termination as herein provided, or otherwise, or in the event of a default referred to in subparagraph c. and e. of the Default is the nonpayment of Rentparagraph hereof, Landlord mayshall immediately re-enter and repossess the Demised Premises in an effort to mitigate, as an alternative to terminating the Leasefullest extent possible, serve a written demand Landlord’s damages. Landlord’s duty to re-enter the Demised Premises for possession or payment. Unless the Rent purpose of mitigating Landlord’s damages is paid in accordance with the demand for possession or payment, Landlord is entitled to contingent upon Tenant’s vacating and surrendering possession of the premises Demised Premises to Landlord. In the event of such a re-enter by Landlord, Tenant shall be allowed access to the Demised Premises for a reasonable period of time not to exceed sixty (60) days from such re-enter and Tenant will then have no further right to possession under the Lease. Tenant remains liable upon reasonable prior notice to Landlord for the payment sole purpose of all Rent removing Tenant’s trade fixtures, personal property and other charges which Tenant has agreed inventory from the Demised Premises. Landlord shall not have a landlord’s lien on Tenant’s trade fixtures, personal property, or inventory and Landlord shall not have the right of seizure or to pay under this Lease throughout sell Tenant’s trade fixtures, personal property, or inventory. Landlord shall repair and alter the remainder Demised Premises in a reasonable manner and to the condition of the Premises at lease commencement, and use its Term. If Landlord elects best efforts to re-enter, as provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to let or relet the Premises, and relet all Demised Premises or any parts thereof for the whole or any part of such Premises for such the remainder of the then current term or terms (which may be for a term extending beyond longer period, in Landlord’s name or as the Term agent of this Lease) Tenant, and at out of any rent collected or received from subtenants or as a result of such rental letting or rentals and upon such other terms and conditions as reletting, Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are appliedshall, first, pay to itself the payment cost and expense of any indebtedness other than rent due under this Lease from retaking, repossessing, repairing, and/or altering the Demised Premises, and the cost and expense of removing Tenant to Landlordand property therefrom; second, pay to itself the payment cost and expense sustained in securing any new tenant; and, if Landlord shall maintain and operate the Demised Premises, the cost and expense of any costs operating and expenses of such relettingmaintaining the Demised Premises; and, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, pay to itself any balance remaining on account of the payment liability of Rent Tenant to Landlord for the sum equal to all rent and other charges due from Tenantpayable hereunder and unpaid by Tenant for the remainder of the term. Should any rent collected by Landlord as provided in this paragraph after the payments therein mentioned be insufficient to fully pay to Landlord a sum equal to all rent and other charges payable hereunder for the remainder of the term, the balance or deficiency shall be paid by Tenant on the rent days herein specified; that is, upon each of such rent days Tenant shall pay to Landlord the amount of the deficiency then existing; and Tenant shall be and remain liable for any such deficiency, and the residueright of Landlord to recover from Tenant the amount thereof, if anyor a sum equal to all such rent, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent additional rent, and other charges due from Tenantpayable hereunder, Tenant agrees if there shall be no reletting, shall survive the issuance of any dispossessory warrant or other termination hereof, and Landlord shall be entitled to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding retain any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breachexcess.
Appears in 1 contract
Samples: Lease (Poore Brothers Inc)
Right to Re-enter. If In the Event event of Default default is for the nonpayment of Rentrent, Landlord may, as an alternative to terminating the Lease, serve a written demand Notice for possession or payment. Unless the Rent is rent, additional rent, and any other amounts due under this Lease are paid in accordance with the demand for possession or payment, Landlord is shall be entitled to possession of the premises Premises and Tenant will then shall have no further right to possession under the Lease, but Tenant shall not be relieved of any of its liability hereunder. Tenant remains shall remain liable to Landlord for the payment of all Rent rent and other charges which Tenant has agreed to pay under this Lease throughout the remainder of its Termterm. If Should Landlord elects elect to re-enter, as herein provided, it may from From time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet all said Premises or any part of such Premises thereof for such term or terms (which may be for a term extending beyond the Term term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable sole discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, Notwithstanding anything herein to the payment contrary, Landlord may, without demand or notice, reenter and take possession of the premises or any part of the premises, repossess the same, expel tenant and those claiming through or under tenant, and remove the effects of both or either, using such force for such purposes as may be necessary, without being liable for prosecution, without being deemed guilty of any indebtedness other than rent due manner of trespass, and without prejudice to any remedies for arrears of amounts payable under this Lease from Tenant to Landlord; second, to the payment or as a result of any costs and expenses preceding breach of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry covenants or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breachconditions.
Appears in 1 contract
Samples: Sub Lease Agreement (XRG Inc)
Right to Re-enter. a. If the an Event of Default is occurs, (i) the nonpayment of Rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession full amount of the premises current month’s and Tenant the next three (3) months’ installments of Rent (calculated according to Section 7.1(b), will then have no further immediately be due and payable, and (ii) exercise its right of distress and (iii) the Landlord may re-enter and re-possess the Leased Premises. If the Landlord re-enters, at the Landlord’s option, this Lease and all of the Tenant’s rights under it will terminate without prejudice to the Landlord’s right to possession under the Lease. Tenant remains liable to Landlord for the payment recover any arrears of all Rent and other charges which damages for any previous breach by the Tenant has agreed to pay under this Lease throughout the remainder of its Term. If Landlord elects to re-enter, as provided, it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet all or any part of such Premises for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions . Despite any termination for an Event of Default, the Landlord may sue the Tenant for damages, including loss of future Rent as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment a result of any indebtedness other than rent due under this Lease from being prematurely terminated and the cost of recovering the Leased Premises. If any legal proceedings are instituted because of an Event of Default, the Tenant to will pay the Landlord; second, to the payment of any costs and expenses of such reletting’s expenses, including reasonable brokerage legal fees on a solicitor and attorneys' fees and of costs of client basis. On such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without a termination, the Tenant will promptly (and in any case within ten (10) days after written notice requiring it to do so) remove all of its property from the Leased Premises, or the Landlord may at any time elect remove all or part of the property from the Leased Premises and store it in a public warehouse or elsewhere at the cost of the Tenant. Despite anything to terminate this Lease the contrary, in such event the Landlord will not be responsible for such previous breachloss or damage to any of the Tenant’s property regardless of how the loss or damage is caused, even if by negligence. If the Tenant fails to remove its property as required, or if it fails to pay the Landlord’s costs of removal and storage within ten (10) days after written notice specifying those costs, the Tenant will be considered to have abandoned its property and the Landlord will be entitled to retain or to sell or dispose of it for the Landlord’s own benefit.
Appears in 1 contract
Samples: Lease (Fuelcell Energy Inc)
Right to Re-enter. If Tenant agrees that if any rent or any charges herein included as rent shall remain unpaid on any day on which the Event same ought to be paid, then Landlord upon five (5) days written notice of Default is the nonpayment of Rentopportunity to cure to Tenant, Landlord mayor any person acting under Landlord, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid in accordance with the demand for possession or payment, Landlord is entitled to possession of may enter the premises and Tenant will then have no without further right demand proceed by distress and sale of the goods there found to possession under levy the Lease. Tenant remains liable rent and all other charges herein payable as rent, and all costs and officers' commissions, including watchmen's wages, and further including a sum equal to Landlord for five percent (5%) of the payment amount of the levy as commissions to the constable or other person making the levy, shall be paid by the Tenant, and that, in such case, all Rent costs, officers', commissions and other charges shall immediately attach and become a part of the claim of said Landlord for rent and any tender of rent without said costs, commissions and charges made after the issue of a warrant of distress shall not be sufficient to satisfy the claim of said Landlord. Tenant hereby expressly waives the benefit of all laws now made or that may hereafter be made regarding any limitation as to the goods upon which, or the time within which distress is to be made after removal of goods, and further relieves the Landlord of the obligation of proving or identifying or appraising such goods and said Tenant has agreed hereby agrees to pay leave no goods of any kind for use on the demised premises with the understanding that such goods shall be exempt from levy for rent and other charges herein reserved as rent, it being the purpose and intent of this provision that all goods of Tenant, whether upon the demised premises or not, shall be liable to distress for rent. Tenant waives in favor of Landlord all rights under this Lease throughout the remainder Landlord and Tenant Act of its Term1951, and all supplements and amendments thereto that have been or may hereafter be passed, and authorizes the sale of any goods distrained for rent at any time after five (5) days from said distraint without any appraisement and/or condemnation thereof. If Tenant further waives the right to issue a Write of Replevin under the laws of the Commonwealth of Pennsylvania, now in force or which may hereafter enacted, for the recovery of any articles and goods seized under a distress for rent or levy upon execution for rent, damages or otherwise, and all waivers mentioned herein are hereby extended to apply to any such action. In addition to the foregoing, Landlord elects to shall have the immediate right of re-enterentry and may remove all persons and property from the leased premises, using as providedmuch force as necessary, it may from time to time, without terminating this Lease, make and such alterations and repairs as property may be necessary removed and stored in order a public warehouse at the cost of and for the account of Tenant, all without service of notice or resort to relet the Premises, legal process and relet all without being deemed guilty of trespass or becoming liable for any part of such Premises for such term loss or terms (damage which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting are applied, first, to the payment of any indebtedness other than rent due under this Lease from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient to pay the Rent and other charges due from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry or taking possession of such premises by Landlord may be construed as an election on its part to terminate this Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breachoccasioned thereby.
Appears in 1 contract
Right to Re-enter. If the Event of Default is the nonpayment of Rent, Landlord may, as an alternative to terminating the Lease, serve a written demand for possession or payment. Unless the Rent is paid Tenant defaults in accordance with the demand for possession or payment, Landlord is entitled to possession of the premises and Tenant will then have no further right to possession under the Lease. Tenant remains liable to Landlord for the payment of all any Rent due or other charge payable by Tenant and Tenant does not cure the default within seven (7) days after receipt of written notice thereof shall have been given to Tenant, or if Tenant defaults in the prompt and full performance of any other charges which term, condition or covenant of this Lease to be observed or performed by Tenant, and Tenant has agreed does not cure the default within thirty (30) days or such additional time as is reasonably required to cured such default after receipt of written notice thereof by Tenant; or if the leasehold interest of Tenant be levied upon under execution or be attached by the process of law; or if Tenant makes an assignment for the benefit of creditors or admits its inability to pay under its debts; or if Tenant abandons the Premises before the end of the term hereof; then Tenant shall be in breach of this Lease throughout the remainder of its Term. If and Landlord elects may elect to re-entereither terminate this Lease, as provided, it may from time to timeor, without terminating this Lease, make such alterations and repairs as may be necessary in order terminate Tenant's right to relet possession of the Premises, and relet all or . Besides any part of such Premises for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received rights and remedies Landlord may have by Landlord law or otherwise, it shall have the immediate right of re-entry and may remove all persons and property from such reletting are applied, first, to the payment Premises and Landlord's entry upon and taking possession of the Premises shall not in any indebtedness other than rent due under way terminate this Lease from or release the Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Rent and other charges due in whole or in part from Tenant, and the residue, if any, will be held by Landlord and applied in payment of future rent as the same may become due and payable. If such rentals and other sums received from such reletting during any month are insufficient 's obligation to pay the Rent and or other charges due payable hereunder for the full lease term or discharge Tenant from Tenant, Tenant agrees to pay such deficiency to Landlord. Such deficiency will be calculated and paid monthly. No such re-entry any loss or taking possession of such premises damage sustained by Landlord may be construed as an election on its part account of Tenant's breach of the Lease, unless Landlord elects to terminate this the Lease. Notwithstanding any such reletting without termination, Landlord may at any time elect to terminate this Lease for such previous breach.
Appears in 1 contract