Right to Re-enter. When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Right to Re-enter. When
a) In the Lessee shall be in default in the payment event of any Rent whether lawfully demanded or not and such default shall continue for a period failure of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant Tenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after any rental due hereunder within five (5) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant or Guarantor for more than thirty (30) days after written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring shall have been mailed to Tenant, or if Tenant or Guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant or Guarantor in any Court pursuant to any statute either of the same United States of any State, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's or Guarantor's property, or if Tenant or Guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Tenant or Guarantor shall abandon said premises, or suffer this Lease to be remedied; taken under any writ of execution, then Landlord, besides other rights and remedies it may have, shall have the right of reentry provided by Florida law which provides for notice to Tenant and a judicial hearing. After notice and a final judgment, Landlord may remove all persons and property from the leased premises and such property may be removed and stored in any of such cases a public warehouse or elsewhere at the then current month’s Rentcost of, together with the Rent and for the three (3) months next ensuing shall immediately become due and payableaccount: of Tenant, and at all without liability to Landlord for any loss or damage which may be occasioned thereby. Should Landlord elect to re-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 option of the Lessor, the Terms shall become forfeited and voidpremises, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises relet said premises or any part thereof 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 of Landlord in its sole discretion may doom advisable; upon each such reletting all rentals received by Landlord from such relening shall be applied, first to the name payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the whole payment of any costs and repossess expenses of such reletting, including brokerage fees and enjoy attorney's fees and of cost of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same as of its former estate, anything contained in may become due and payable hereunder. If such rentals received from such reletting during any statute or law month be less than that to the contrary notwithstanding, provided however, be paid during that month by Tenant hereunder Tenant shall pay any such forfeiture deficiency to Landlord. Such deficiency shall be wholly calculated and paid monthly. If such rentals received from such reletting during any month be more than that to be paid during that month by Tenant hereunder, then such excess shall not benefit Tenant by reducing the amount of any of Tenant's obligations due Landlord. Any amounts obtained by reletting shall be for the sole benefit of Landlord. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without prejudice termination, Landlord may at any time thereafter elect to the right of the Lessor to recover arrears of rent or damages terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any antecedent default by the Lessee of its covenantsbreach, obligations or agreements under this Lease or in addition to any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor other remedies it may subsequently have, it may recover from the Lessee Tenant all damages for loss of Rent suffered it may incur by reason of such breach, including the cost of recovering the leased premises, reasonable attorney's fees, and including the worth at the time of such termination of the excess, it any, of the amount of rent and charges equivalent to rent reserved in this Lease having been prematurely determinedfor the remainder of the stated term over the amount, if any, actually received by Landlord from the reletting of the leased premises, all of which amount shall be immediately due and payable from Tenant to Landlord. In addition(n determining the rent which would be payable by Tenant hereunder, subsequent to default, the Lessor annual rent for each year of the unexpired term shall have be equal to the right average annual minimum rent paid by Tenant from the commencement of the term to remove and sell the Lessee’s goods and chattels and trade fixtures and apply time of default, or during the proceeds thereof proceeding three full calendar years, whichever period is shorter. Whether or not forfeiture has been declared, Landlord will not be obligated or responsible, in any way, for failure to Rent due release the Premises or, in the event that the Premises are released, for failure to collect the rent under such re leasing. The failure of Landlord to re-lease all or any part of the Lease.Premises will not release or affect Tenant's liability for rent or damages,
Appears in 2 contracts
Samples: Lease Agreement (Singing Machine Co Inc), Lease Agreement (Singing Machine Co Inc)
Right to Re-enter. When
The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) any failure of Tenant to pay any rent or other amount within ten (10) days after written notice that the Lessee shall same is past due hereunder; (b) any failure by Tenant to perform or observe any other of the terms, provisions, conditions and covenants of this Lease for more than ten (10) days after written notice of such failure or such additional time as is reasonably required provided Tenant promptly commences to cure and diligently pursues the same to completion; (c) a determination by Landlord that Tenant has submitted any intentionally and willfully false report required to be furnished hereunder; (d) anything done by Tenant upon or in default connection with the Premises or the construction of any part thereof which directly or indirectly interferes in any way with, or results in a work stoppage in connection with, construction of any part of the Center or any other tenant's space; (e) if Tenant abandons or vacates or does not do business in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements Premises when required to do so under this Lease for more than ten (10) consecutive business days, or of any term or condition of (f) this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer Tenant's interest herein or shorter period as in the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in improvements thereon or any property of Tenant are executed upon or attached; or (g) the name Premises come into the hands of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements person other than expressly permitted under this Lease or any term or condition of this Lease and provided further that notwithstanding Lease. In any such forfeiture the Lessor event, and with ten (10) days grace period, Landlord, in addition to all other rights or remedies it may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In additionhave, the Lessor shall have the right thereupon or at any time thereafter to terminate this Lease, and shall have the right, either before or after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant's expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all with notice but without process if tenant has vacated the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Leasepremises.
Appears in 1 contract
Samples: Lease (St John Knits Inc)
Right to Re-enter. When
a) i. the Lessee Tenant shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or
b) ii. the Lessee Tenant shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor Landlord to the Lessee Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remediedremedied (or, where such default is not capable of remedy within fifteen (15) consecutive days, then if the Tenant shall fail within such period to commence and proceed diligently to remedy such default within such longer period as is reasonably required to effect such remedy); then and in any of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the LessorLandlord, the Terms Term shall become forfeited and void, and the Lessor Landlord may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided provided, however, that such forfeiture shall be wholly without prejudice to the right of the Lessor Landlord to recover arrears of rent Rent or damages for any antecedent default by the Lessee Tenant of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor Landlord may subsequently recover from the Lessee Tenant damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease.
Appears in 1 contract
Right to Re-enter. When
a) In the Lessee shall be in default in the payment event of any Rent whether lawfully demanded or not and failure of Tenant to pay any rental due hereunder for more than ten (10) days after written notice of such default shall continue have been given to Tenant, or any failure to perform any other of the terms, conditions or covenants of this 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, or if Tenant shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a period petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such arrangement, or if Tenant shall abandon said Leased Premise, or the insolvency of Tenant or the admission of Tenant of its inability to pay its debt as they mature or Tenant is dispossessed from the Leased Premise due to attachment, levy, imposition of a federal or state tax lien or other legal proceedings which cause Tenant to remain out of possession for five (5) or more consecutive days; or
b) or suffer this Lease to be taken under any writ of execution, then Landlord besides other rights or remedies it may have under this Lease, applicable law, or otherwise shall have immediate right of re-entry and may remove all persons and property from the Lessee Leased Premise and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all with service of notice. Each of the foregoing occurrences shall be in considered a default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this the Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Leasesometimes “Default”).
Appears in 1 contract
Samples: Lease Agreement
Right to Re-enter. When
a) In the Lessee event of default is for the nonpayment of rent, Landlord may, as an alternative to terminating the Lease, serve a Notice for possession or payment. Unless the rent, additional rent, and any other amounts due under this Lease are paid in accordance with the demand for possession or payment, Landlord shall be in default in entitled to possession of the payment of any Rent whether lawfully demanded or Premises and Tenant shall have no further right to possession under the Lease, but Tenant shall not and such default shall continue for a period of five (5) consecutive days; or
b) the Lessee shall be in default relieved of any of its covenants, obligations or agreements liability hereunder. Tenant shall remain liable to Landlord for the payment of all rent and other charges which Tenant has agreed to pay under this Lease or throughout the remainder of any term or condition of its term. Should Landlord elect to re-enter, as herein provided, it may From time to time, without terminating this Lease (other than its covenant Lease, make such alterations and repairs as may be necessary in order to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as relet the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payablePremises, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased relet said Premises or any part thereof 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 sole discretion may deem advisable. Notwithstanding anything herein to the name contrary, Landlord may, without demand or notice, reenter and take possession of the whole premises or any part of the premises, repossess the same, expel tenant and repossess those claiming through or under tenant, and enjoy remove the same 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 its former estateany manner of trespass, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly and without prejudice to the right of the Lessor to recover any remedies for arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements amounts payable under this Lease or as a result of any term preceding breach of covenants or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Leaseconditions.
Appears in 1 contract
Right to Re-enter. When
a) If and whenever all or part of the Lessee Minimum Rent or any other amounts payable by the Tenant under this Lease are not paid on the day appointed for payment, whether demand for payment has been made or not, or if the Tenant shall fail to comply with any of the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to be in default in the payment of any Rent whether lawfully demanded or not remedied and such default has not been remedied by the Tenant within ten (10) days after receipt of such notice, or such longer period as may be reasonably necessary in view of the nature of the default, or if the Tenant shall continue for falsify any report required to be furnished to the Landlord pursuant to the terms of this Lease or if the Tenant or any Guarantor of this Lease shall become bankrupt or insolvent or file any proposal, or if a period Receiver is appointed of five (5) consecutive all or a portion of the Tenant's property or any such Guarantor's property, or if the Tenant makes a sale in bulk, or if the Tenant shall abandon the Premises, without the Tenant giving written notice of its intention to reoccupy the Premises within 90 days; or
b) the Lessee shall be in default of , or suffer this Lease or any of its covenantsassets to be taken under any writ of execution or like process, obligations or agreements if any notice is filed under this Lease section 49 of the Personal Property Security Act in respect of the Premises, or of if re-entry is permitted under any term or condition other terms of this Lease (Lease, then the Landlord, in addition to any other than its covenant to pay Rent) rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises and such default shall continue property may be removed and stored for a period the account of fifteen (15) consecutive days the Tenant or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice be sold by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the three Landlord (3) months next ensuing shall immediately become due and payable, and at the sole option of the LessorLandlord, by way of private sale to the Terms shall become forfeited and void, and the Lessor may without notice Landlord or any form third party) all without being deemed guilty of legal process whatsoever forthwith re-enter upon the Leased Premises trespass, or becoming liable for any part thereof in the name of the whole loss or damage which may be occasioned thereby and to have again, repossess and enjoy the same Premises as of its former estate, anything contained in any statute or law to estate whether the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under Landlord terminates this Lease or any term or condition not, and notwithstanding the retaking of this Lease and provided further that notwithstanding any such forfeiture possession of the Lessor may subsequently recover from Premises by the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In additionLandlord, the Lessor Landlord specifically reserves all remedies and rights of action herein or at law or in equity provided. The Landlord or its duly authorized agent shall have be entitled to distrain for the right to remove and sell Rent hereby reserved including accelerated rent, if any, or for Dominion/Investors/Trillium Lease Xxxx & Company any money hereby made recoverable by distress upon the Lessee’s goods and chattels of the Tenant, wheresoever situate, and trade fixtures upon any premises to which the same may have been removed or wherever the same may be found. The Tenant hereby waives and apply renounces the proceeds thereof to Rent due under benefit of any present or future legislation taking away or limiting the LeaseLandlord's right of distress.
Appears in 1 contract
Samples: Sublease Agreement (Cray Inc)
Right to Re-enter. When
a) If and whenever all or part of the Lessee Minimum Rent or any other amounts payable by the Tenant under this Lease are not paid on the day appointed for payment, whether demand for payment has been made or not, or if the Tenant shall fail to comply with any of the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to be in default in the payment of any Rent whether lawfully demanded or not remedied and such default has not been remedied by the Tenant within fourteen (14) days after receipt of such notice, or such longer period as may be reasonably necessary in view of the nature of the default, or if the Tenant shall continue for falsify any report required to be furnished to the Landlord pursuant to the terms of this Lease or if the Tenant shall become bankrupt or insolvent or file any proposal, or if a period Receiver is appointed of five (5) consecutive days; or
b) all or a portion of the Lessee Tenant’s property, or if the Tenant makes a sale in bulk, or if the Tenant shall be in default of abandon the Premises, or suffer this Lease or any of its covenantsassets to be taken under any writ of execution or like process, obligations or agreements if the Tenant creates a security interest in the personal property of the Tenant in the Premises in favour of a third party or if any notice is filed under this Lease section 49 of the Personal Property Security Act in respect of the Premises or of if re-entry is permitted under any term or condition other terms of this Lease (Lease, then the Landlord, in addition to any other than its covenant to pay Rent) rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default property may be removed and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent stored for the three account of the Tenant or be sold by he Landlord (3) months next ensuing shall immediately become due and payable, and at the sole option of the LessorLandlord, by way of private sale to the Terms shall become forfeited and void, and the Lessor may without notice Landlord or any form third party) all without being deemed guilty of legal process whatsoever forthwith re-enter upon the Leased Premises trespass, or becoming liable for any part thereof in the name of the whole loss or damage which may be occasioned thereby and to have again, repossess and enjoy the same Premises as of its former estate, anything contained in any statute or law to estate whether the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under Landlord terminates this Lease or any term or condition not, and notwithstanding the retaking of this Lease and provided further that notwithstanding any such forfeiture possession of the Lessor may subsequently recover from Premises by the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In additionLandlord, the Lessor Landlord specifically reserves all remedies and rights of action herein or at law or in equity provided. The Landlord or its duly authorized agent shall have be entitled to distrain for the right to remove and sell Rent hereby reserved including accelerated rent, if any, or for any money hereby made recoverable by distress upon the Lessee’s goods and chattels of the Tenant, wheresoever situate, and trade fixtures upon any premises to which the same may have been removed or wherever the same may be found. The Tenant hereby waives and apply renounces the proceeds thereof to Rent due under benefit of any present or future legislation taking away or limiting the LeaseLandlord’s right of distress.
Appears in 1 contract
Samples: Lease Agreement
Right to Re-enter. When
a) If the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant Tenant fails to pay Rent) and such default shall continue for a period of Rent that is in arrears within fifteen (15) consecutive days after, or such longer keep any one or shorter period as more of the Lessorother terms, acting reasonably, determines after five (5) days written notice conditions or covenants of this Lease to be observed or performed by the Lessor Tenant, or if the Tenant or an agent of the Tenant falsifies a report or statement required to be furnished to the Lessee specifying with reasonable particularity Landlord pursuant to this Lease, or if re-entry is permitted under other terms of this Lease, the nature Landlord in addition to any other right or remedy it may have, will have the right of immediate re-entry and may remove all persons and property from the Premises, and 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 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 default and requiring or deficiency, then the same Tenant shall be deemed not to be remedied; then and in any default if the Tenant commences rectification of the default or deficiency forthwith upon receipt of notice of such cases default or deficiency, attends continuously to rectify and does rectify the then current month’s Rentdefault or deficiency, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option even though such rectification may take longer than 15 days after such notice of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default is received by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the LeaseTenant.
Appears in 1 contract
Samples: Lease Agreement
Right to Re-enter. When
a) In the Lessee shall be in default in the payment event of any Rent whether lawfully demanded or not and such default shall continue for a period failure of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant Tenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after any rental within five (5) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice by of such other default shall have been given to Tenant, (or in the Lessor event such other default cannot reasonably be cured within thirty (30) days and Tenant commences to cure and diligently pursue a course of action to so cure and continue towards completion then for a reasonable period of time not to exceed 90 days) or if Tenant or an agent of Tenant shall substantially falsify any report required to be furnished to Landlord pursuant to the Lessee specifying with reasonable particularity the nature terms of such default and requiring the same to be remedied; then and this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of such cases the then current month’s Rent, together with the Rent United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the three (3) months next ensuing shall immediately become due and payable, and at the option appointment of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice a receiver or trustee of all or a portion of Tenant’s or any form such guarantor’s property, or if Tenant or any such guarantor makes an assignment for the benefit of legal process whatsoever forthwith re-enter upon the Leased Premises creditors, or petitions for or enters into an arrangement, or if tenant shall abandon said premises or any part thereof thereof, or vacate all or any pail of the leased premises, or fail to operate its business in the name of leased premises (except during any time when the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall leased premises may be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered untenantable by reason of fire or other casualty), or suffer this Lease having been prematurely determined. In additionto be taken under any writ of execution, then Landlord, besides other rights or remedies it may have (including the Lessor continuing right to immediately terminate this Lease), shall have the immediate right of re-entry and may remove all persons and property from the leased premises in accordance with applicable law and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all after the written notice specified herein, if any, and then without further service of notice or resort to remove legal process and sell the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Leasewithout being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.
Appears in 1 contract
Right to Re-enter. When
The following shall be considered for all purposes to be defaults under and breaches of this Lease: (a) the Lessee shall be in default in the payment any failure of Tenant to pay any Rent whether lawfully demanded rent or not and other amount due hereunder within ten (10) days after written notice of such default shall continue for a period of five failure; (5) consecutive days; or
b) any failure by Tenant to perform or observe any other of the Lessee shall be in default of any of its covenantsterms, obligations or agreements under this Lease or of any term or condition provisions, conditions and covenants of this Lease for more than thirty (30) days after written notice of such failure, excepting such defaults that cannot be cured completely within such thirty (30) day period providing Tenant, within said thirty (30) day period, has promptly commenced to proceed with diligence and in good faith to remedy such default; or (c) the bankruptcy or insolvency of Tenant or the filing by or against Tenant of a petition in bankruptcy or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant’s property, or Tenant’s assignment for the benefit of creditors. In the event of a default which is not cured by Tenant within the applicable cure period, Landlord, in addition to all other than its covenant rights or remedies it may have, shall have the right thereupon or at any time thereafter to terminate this Lease, and shall have the right, after any such termination, to re-enter and take possession of the Premises, remove all persons and property from the Premises, store such property at Tenant’s expense, and sell such property if necessary to satisfy any deficiency in payments by Tenant as required hereunder, all without being deemed guilty of trespass or constructive eviction. In the event that Tenant fails to pay Rent) and such default shall continue for a period of fifteen any rent or other amount due hereunder within ten (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (510) days after written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the failure from Landlord more than three (3) months next ensuing times in any consecutive twelve (12) month period, then, commencing with the fourth (4th) such non-payment by Tenant, Tenant shall immediately become due and payable, and at the option pay Landlord a late charge equal to five percent (5%) of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Leasedelinquent amount.
Appears in 1 contract
Samples: Lease (Hard Rock Hotel Inc)
Right to Re-enter. When
(a) In the Lessee event of (1) any failure of Tenant to pay any rent or other charges due hereunder when due, or (2) if Tenant shall fail to move into the premises and to commence the conduct of its business on the date specified in Section 1.2 hereof, or fail to perform any obligation hereunder prior to such commencement date, or fail to continuously operate its business pursuant to Section 7.2 for the purpose specified in Section 7.1 hereof, or fail to operate under the name specified in Section 16.1 hereof, or if Tenant shall abandon said premises, or permit this Lease to be taken under any writ of execution, or if there shall be any default by Tenant (or by any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with Tenant) under any other lease with Landlord (or with any person or entity which is affiliated with Landlord or which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Development) which shall not be remedied within the applicable grace period, if any, provided therefor under such other lease, or if there shall be any default by Tenant or any entity affiliated with Tenant with respect to any financing instrument or arrangement, if any, relating to any items used in, or the operation of business upon, the leased premises, or (3) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall have been mailed to Tenant; then Landlord, besides other rights or remedies it may have, shall have the right to declare this Lease terminated and the term ended (in which event, this Lease and the term hereof shall expire, cease and terminate with the same force and effect as though the date set forth in any required notice were the date originally set forth herein and fixed for the expiration of the term and Tenant shall vacate and surrender the premises but shall remain liable for all obligations arising during the balance of the original stated term as hereafter provided as if this Lease had remained in full force and effect) and Landlord shall have the right to bring a special proceeding to recover possession from Tenant holding over and/or Landlord may, in any of such events, without notice, re-enter the leased premises either by force or otherwise, and dispossess, by summary proceedings or otherwise, Tenant and the legal representative of Tenant or other occupant of the leased premises and remove their effects and hold the premises as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that end.
(b) In addition to the remedies set forth herein for such failure by Tenant, Landlord shall have the further remedy of erecting a barricade at the storefront of the leased premises at such time as possession of the leased premises is deemed vested in Landlord, which barricade may be erected, at Tenant's expense, and without notice to Tenant or resort to legal process, and without Landlord in any manner becoming liable for any loss or damage which may be occasioned thereby. Notwithstanding the foregoing provisions of this Section, in the event Tenant shall fail to perform or shall default in the payment performance of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenantsterm, obligations or agreements under this Lease or of any term covenant or condition of this Lease on two (other than its covenant to pay Rent2) and or more separate occasions during any twelve-month period, then, even though such failures or defaults may have been cured by Tenant, any further failure or default by Tenant during the term of this Lease shall continue be deemed a default without the ability for a period cure by Tenant. During the continuance of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature any failure of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice performance or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof default by Tenant in the name performance of the whole and repossess and enjoy the same as of its former estateany term, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term covenant or condition of this Lease and provided further that Lease, Tenant shall not be entitled to exercise any rights or options, or to receive any funds or proceeds being held under or pursuant to this Lease, notwithstanding any such forfeiture contrary provisions contained herein. In the Lessor event of re-entry by Landlord, Landlord may subsequently recover remove all persons and property from the Lessee damages leased premises and such property may be stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, without notice or resort to legal process and without Landlord being deemed guilty of trespass, or becoming liable for any loss of Rent suffered by reason of this Lease having been prematurely determinedor damage which may be occasioned thereby. In addition, and to the Lessor extent permitted by law, in the event of re-entry by Landlord, Landlord may, but shall not be required to, padlock or otherwise secure the entrances to the leased premises without prior notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage; all costs and expenses incurred by Landlord in securing the entrances to the leased premises shall be borne by Tenant and shall be payable to Landlord on ten (10) days' written notice; and any such padlocking or securing of the premises shall not constitute or be deemed as an election on Landlord's part to terminate this Lease unless a written notice of such intention shall be given to Tenant or unless the termination of this Lease is decreed by a court of competent jurisdiction. In the event Tenant shall not remove its property from the leased premises within ten (10) days after Tenant has vacated the premises, then such property shall be deemed abandoned by Tenant and Landlord may dispose of the same without liability to Tenant. At any time that Tenant has failed to pay rent or other charges within ten (10) days after the same shall be due, thereafter Landlord shall not be obligated to accept any payment from Tenant unless such payment is made in certified funds. To the extent that this Lease specifically provides for any abatement of rent otherwise payable by Tenant under this Lease, or any payment by Landlord to Tenant, such abatement shall not be effective, nor shall such payment be required to be made, if Tenant shall have failed to observe or perform any of Tenant's obligations hereunder or if Tenant shall otherwise be in default hereunder, and Tenant shall be obligated to immediately repay to Landlord the right amount of any rent previously abated or the amount of any payment previously made by Landlord to remove and sell Tenant hereunder, notwithstanding anything contained in this Lease to the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Leasecontrary.
Appears in 1 contract
Samples: Lease (Hart Industries Inc)
Right to Re-enter. When
The following shall be considered for all purposes to be defaults under and breaches of this Lease; (a) Tenant shall fail to pay any rent or other amount when due; (b) Tenant shall fail to perform or observe any of the Lessee terms, provisions, conditions, and covenants of this Lease for more than ten days after written notice of such failure; (c) Landlord shall determine that Tenant has submitted any false report or made false statement required to be furnished hereunder; (d) Tenant shall become bankrupt or insolvent or reorganization or arrangement for the benefit of creditors or an order for relief is entered in default respect of Tenant, or Tenant shall generally not pay its debts, as such debts become due; (e) Tenant shall abandon or vacate or fail to do business in the payment of any Rent whether lawfully demanded Premises for ten (10) continuous days, or not and such default shall continue for a period of five (5f) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term Tenant’s interest herein or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as in the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in improvements thereon or any property of Tenant are executed upon or attached; (g) the name Premises come into the hands of the whole and repossess and enjoy any person other than such persons expressly permitted under this notice (the same as of its former estatebeing hereby waived by Tenant). Landlord, anything contained in any statute addition to all other rights or law to the contrary notwithstandingremedies it may have, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right upon default to remove terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and sell shall have the Lessee’s goods right, either before or after any such termination, to re-enter and chattels take possession of the Premises, in each case without notice or resort to legal process and trade fixtures and apply without being deemed guilty of trespass or becoming liable for any loss or damage occasioned thereby. If rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall immediately pay any such deficiency to Landlord. No re-entry or taking possession of the proceeds thereof Premises by Landlord shall be construed as an election to Rent due under the terminate this Lease, unless Landlord gives a written notice of such termination.
Appears in 1 contract
Samples: Lease (Emerge Interactive Inc)
Right to Re-enter. When
a) In the Lessee shall be in default in the payment event of any Rent whether lawfully demanded or not and such default shall continue for a period failure of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant Tenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after any rental due hereunder within five (5) days after the same shall be due, or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant or Guarantor for more than thirty (30) days after written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring shall have been mailed to Tenant, or if Tenant or Guarantor shall become bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant or Guarantor in any Court pursuant to any statute either of the same United States of any State, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's or Guarantor's property, or if Tenant or Guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Tenant or Guarantor shall abandon said premises, or suffer this Lease to be remedied; taken under any writ of execution, then Landlord, besides other rights and remedies it may have. shall have the right of reentry provided by Florida law which provides for notice to Tenant and a judicial hearing. After notice and a final judgment, Landlord may remove all persons and property from the leased premises and such property may be removed and stored in any of such cases a public warehouse or elsewhere at the then current month’s Rentcost of, together with the Rent and for the three (3) months next ensuing shall immediately become due and payableaccount of Tenant, and at all without liability to Landlord for any loss or damage which may be occasioned thereby. Should Landlord elect to re-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 option of the Lessor, the Terms shall become forfeited and voidpremises, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises relet said premises or any part thereof 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 term and condition as Landlord in its sole discretion may deem advisable; upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the name payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the whole payment of any costs and repossess expenses of such retelling, including brokerage fees and enjoy attorney's fees and of cost of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same as of its former estate, anything contained in may become due and payable hereunder. If such rentals received from such retailing during any statute or law month be lose than that to the contrary notwithstanding, provided however, be paid during that month by Tenant hereunder Tenant shall pay any such forfeiture deficiency to Landlord. Such deficiency shall be wholly calculated and paid monthly. If such rentals received from such retelling during any month be more then that to be paid during that month by Tenant hereunder, then such excess shall not benefit Tenant by reducing the amount of any of Tenant's obligations due Landlord. Any amounts obtained by reletting shall ho for the sole benefit of Landlord. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without prejudice termination, Landlord may at any time thereafter elect to the right of the Lessor to recover arrears of rent or damages terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any antecedent default by the Lessee of its covenantsbreach, obligations or agreements under this Lease or in addition to any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor other remedies it may subsequently have, it may recover from the Lessee Tenant all damages for loss of Rent suffered it may incur by reason of such breach, including the cost of recovering the leased premises, reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease having been prematurely determinedfor the remainder of the stated term over the amount, if any, actually received by Landlord from the reletting of the leased premises, all of which amount shall be immediately due and payable from Tenant to Landlord. In additiondetermining the rent which would be payable by Tenant hereunder, subsequent to default, the Lessor annual rent for each year at the unexpired term shall have be equal to the right average annual minimum rent paid by Tenant from the commencement of the term to remove and sell the Lessee’s goods and chattels and trade fixtures and apply time of default, or during the proceeds thereof proceeding three full calendar years, whichever period is shorter. Whether or not forfeiture has been declared, Landlord will not be obligated or responsible, in any way, for failure to Rent due release the Premises or, in the event that the Premises are released, for failure to collect the rent under such releasing. The failure of Landlord to re-lease all or any part of the LeasePremises will not release or affect Tenant's liability for rent or damages.
Appears in 1 contract
Right to Re-enter. When
a) the Lessee shall be in default If Tenant defaults in the payment of any Rent whether lawfully demanded 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 term, condition or covenant of this Lease to be observed or performed by Tenant, and Tenant does not cure the default within thirty (30) days or such additional time as is reasonably required to cured such default shall continue 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 a period the benefit of five (5) consecutive dayscreditors or admits its inability to pay its debts; or
b) or if Tenant abandons the Lessee Premises before the end of the term hereof; then Tenant shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition breach of this Lease and provided further that notwithstanding Landlord may elect to either terminate this Lease, or, without terminating this Lease, terminate Tenant's right to possession of the Premises. Besides any such forfeiture the Lessor and other rights and remedies Landlord may subsequently recover from the Lessee damages for loss of Rent suffered have by reason of this Lease having been prematurely determined. In additionlaw or otherwise, the Lessor it shall have the immediate right of re-entry and may remove all persons and property from the Premises and Landlord's entry upon and taking possession of the Premises shall not in any way terminate this Lease or release the Tenant in whole or in part from Tenant's obligation to remove and sell pay the Lessee’s goods and chattels and trade fixtures and apply Rent or other charges payable hereunder for the proceeds thereof full lease term or discharge Tenant from any loss or damage sustained by Landlord on account of Tenant's breach of the Lease, unless Landlord elects to Rent due under terminate the Lease.
Appears in 1 contract
Right to Re-enter. WhenIf and whenever:
(a) the Lessee shall be in default in Tenant fails to pay any Rent on the day or dates appointed for the payment thereof and such failure continues for ten (10) days following written demand for the payment thereof being made by the Landlord; or
(b) the Tenant fails to observe or perform any of the Tenant's Covenants (other than the payment of Rent and the covenants set out below in subparagraph (c) for which no notice shall be required) and, if the breach is remediable:
(i) fails to remedy such breach within fifteen (15) days of the receipt or deemed receipt by the Tenant of written notice from the Landlord respecting such breach; or
(ii) if such breach cannot be reasonably remedied within such fifteen (15) day period, the Tenant fails to commence to remedy such breach within fifteen (15) days and thereafter fails to proceed diligently to remedy such breach; or
(c) the Tenant becomes bankrupt or insolvent or takes the benefit of any act now or hereafter in force for bankrupt or insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any arrangement or compromise; a receiver or a receiver-manager is appointed for all or a portion of the Tenant's property; any steps are taken or any action or proceedings are instituted by the Tenant or by any other party to dissolve, wind-up or liquidate the Tenant or its assets; the Tenant abandons the Premises, or sells or disposes of the trade fixtures, goods or chattels of the Tenant or removes them from the Premises so that there would not in the event of such sale or disposal be sufficient trade fixtures, goods or chattels of the Tenant on the Premises subject to distress to satisfy all Rent whether lawfully demanded due or not accruing hereunder for a period of at least three (3) months; the Premises become and such default shall continue remain vacant for a period of five (5) consecutive daysBusiness Days; orthe Tenant effects or permits a Transfer without the Landlord's consent where required; this Lease or any of the Tenant's assets are taken under any writ of execution; or re-entry is permitted under any other terms of this Lease;
b(d) the Lessee shall be Tenant is in default of any the provisions of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant section 8.1 and fails to pay Rent) and correct such default shall continue for a period within forty eight (48) hours of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written receipt of notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedieddefault; then and the Landlord, in addition to any other rights or remedies available to it, has the immediate right of such cases the then current month’s Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter entry upon the Leased Premises or any part thereof in and it may repossess the name of the whole and repossess Premises and enjoy the same them as of its former estate, anything contained estate and may expel all Persons and remove all property from the Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be stored in any statute a public warehouse or law to elsewhere at the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to cost and for the right account of the Lessor Tenant, all without service of notice or resort to recover arrears legal process and without the Landlord being considered guilty of rent trespass or damages becoming liable for any antecedent default by loss or damage which may be occasioned. If the Lessee Landlord re-enters the Premises (except for the purpose of its covenants, obligations leving a distress) or agreements under terminates this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In additionLease, the Lessor Landlord shall have not be entitled to take possession of or sell any of the right Tenant's equipment, furniture, trade fixtures or other personal property located on the Premises without first allowing the Tenant a period of ten (10) days following the date of such re-entry or termination to remove and sell the Lessee’s goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Leasesame.
Appears in 1 contract