Common use of Right to Re Clause in Contracts

Right to Re. ENTER In the event of any failure of Tenant to pay any rental due hereunder within ten (10) 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 of such default shall have been given to Tenant, or if Tenant or an agent of Tenant shall falsify any report required to be furnished to Owner pursuant to the terms of 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 taken against Tenant or any guarantor of this lease in any court pursuant to any statute either of the United States or 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 any such guarantor's property, or if Tenant or any such guarantor makes an 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 be taken under any writ or execution, the Owner besides other rights or remedies it may have, shall 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, and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Right to Re. ENTER In enter ----------------- When: (a) the event Tenant shall be in default in the payment of any failure Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days following written notice from the Landlord of such default; or (b) the 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 any rental due hereunder within ten Rent) and such default shall continue for a period of fifteen (1015) 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) consecutive days after written notice by the Landlord to the Tenant specifying with reasonable particularity the nature of such default shall have been given to Tenant, or if Tenant or an agent of Tenant shall falsify any report required and requiring same to be furnished to Owner pursuant 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 Landlord, the Term shall become forfeited and void, and the 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 terms contrary notwithstanding provided, however, that such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent or damages for any antecedent default by the Tenant of its covenants, obligations or agreements under this Lease or any term or condition of this lease, or if Lease and provided further that notwithstanding any such forfeiture the Landlord may subsequently recover from the Tenant or any guarantor damages for loss of Rent suffered by reason of this lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor of this lease in any court pursuant to any statute either of the United States or 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 any such guarantor's property, or if Tenant or any such guarantor makes an 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 be taken under any writ or execution, the Owner besides other rights or remedies it may have, shall 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, and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyLease having been prematurely determined.

Right to Re. ENTER In the event of any failure of enter (a) Tenant shall fail to pay any rental due hereunder within ten rent or other amount when due; (10b) days after the same Tenant shall be due, or any failure fail to perform or observe any other of the terms, provisions, conditions, or and covenants of this lease to be observed or performed by Tenant Lease for more than thirty (30) ten days after written notice of such default failure; (c) Landlord shall have been given to Tenant, determine that Tenant has submitted any false report or if Tenant or an agent of Tenant shall falsify any report made false statement required to be furnished to Owner pursuant to the terms of this lease, or if hereunder; (d) Tenant or any guarantor of this lease shall become bankrupt or insolvent, insolvent or file any debtor proceedings or take or have taken against Tenant or any guarantor of this lease in any court pursuant to any statute either of the United States or 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 any such guarantor's property, or if Tenant or any such guarantor makes an assignment arrangement for the benefit of creditorscreditors or an order for relief is entered in respect of Tenant, or petitions for or enters into an arrangementTenant shall generally not pay its debts, or if as such debts become due; (e) Tenant shall abandon said premisesor vacate or fail to do business in the Premises for ten (10) continuous days, or suffer (f) this lease Lease or Tenant's interest herein or in the Premises or any improvements thereon or any property of Tenant are executed upon or attached; (g) the Premises come into the hands of any person other than such persons expressly permitted under this notice (the same being hereby waived by Tenant). Landlord, in addition to be taken under any writ or execution, the Owner besides all other rights or remedies it may have, shall have the immediate right of upon default to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-entry enter and may removetake possession of the Premises, 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, and for the account of Tenant, all each case without service of notice or resort to legal process and without being deemed guilty of trespass, trespass or becoming liable for any loss or damage which may be 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 , anXXX such deficiency to Landlord. No re-entry or taking possession of the Premises by Landlord shall be construed as an election to terminate this Lease, unless Landlord gives a written notice of such termination.

Right to Re. ENTER In enter ----------------- When; (a) the event Tenant shall be in default in the payment of any failure Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days following written notice from the Landlord of such default; or (b) the 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 any rental due hereunder within ten Rent) and such default shall continue for a period of fifteen (1015) 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) consecutive days after written notice by the Landlord to the Tenant specifying with reasonable particularity the nature of such default shall have been given to Tenant, or if Tenant or an agent of Tenant shall falsify any report required and requiring same to be furnished to Owner pursuant 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 Landlord, the Term shall become forfeited and void, and the 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 terms contrary notwithstanding, provided, however, that such forfeiture shall be wholly without prejudice to the right of the Landlord to recover arrears of Rent or damages for any antecedent default by the Tenant of its covenants, obligations or agreements under this Lease or any term or condition of this lease, or if Lease and provided further that notwithstanding any such forfeiture the Landlord may subsequently recover from the Tenant or any guarantor damages for loss of Rent suffered by reason of this lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor of this lease in any court pursuant to any statute either of the United States or 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 any such guarantor's property, or if Tenant or any such guarantor makes an 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 be taken under any writ or execution, the Owner besides other rights or remedies it may have, shall 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, and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebyLease having been prematurely determined.

Right to Re. ENTER In the event Enter: 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 rental rent or other amount when due hereunder within ten hereunder; (10b) days after the same shall be due, or any failure by Tenant to perform or observe any other of the terms, conditionsprovisions, or conditions and covenants of this lease to be observed or performed by Tenant Lease for more than thirty ten (3010) days after written notice of such default shall have been given to Tenant, or if failure; (C) Landlord determining that Tenant or an agent of Tenant shall falsify had submitted any false report required to be furnished to Owner pursuant to hereunder; (d) Tenant shall do anything upon or in connection with the terms Premises or the construction of this leaseany part thereof which directly or indirectly interferes in any way with, or if Tenant results in a work stoppage in connection with, construction of any part of the Shopping Center or any guarantor of this lease other tenant's spaces; (e) Tenant shall become bankrupt or insolvent, insolvent or file any debtor proceedings or take or have taken filed against Tenant or any guarantor of this lease in any court pursuant to any statute either of the United States or of any state it a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver or trustee of all or a portion of Tenant's or any such guarantor's property, or if Tenant or any such guarantor makes an assignment for the benefit of creditors; (f) if Tenant abandons or vacates or does not do business in the Premises for ten (10) days, or petitions for (g) this Lease or enters Tenant's interest herein or in the premises or any improvements thereon or any property of Tenant are executed upon or attached; or (h) the Premises comes into an arrangementthe hands of any person other than expressly permitted under this Lease. In any such event, and without grace period, demand or if Tenant shall abandon said premisesnotice, or suffer this lease except as herein provided ( the same being hereby waived by Tenant), Landlord, in addition to be taken under any writ or execution, the Owner besides all other rights or remedies it may have, shall have the immediate right of thereupon or at any time thereafter to terminate this Lease by giving notice to Tenant stating the date upon which such termination shall be effective, and shall have the right, either before or after any such termination, to re-entry enter and may removetake possession of the Premises, remove all persons and property from the leased premises Premises and store such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant's's expense, all without service of notice or resort to legal process and without being deemed guilty of trespass, trespass or becoming liable for any loss or damage which may be occasioned thereby. Nothing herein shall be construed to require Landlord to give notice before exercising any of its rights and remedies provided for in this Lease.

Right to Re. ENTER In Enter ----------------- If and whenever: (a) the event of any failure of Tenant fails to pay any rental Base Rent or Additional Rent or other sums due hereunder within ten on the day or dates appointed for the payment thereof (10provided the Landlord first gives five (5) days after days' written notice to the same shall be due, Tenant of any such failure); or (b) the Tenant fails to observe or any failure to perform any other of the terms, conditions, covenants or covenants conditions of this lease Lease to be observed or performed by the Tenant (other than the terms, covenants or conditions set out in Sections 7.1(c) to (l), inclusive, for more than thirty which no notice shall be required), provided the Landlord first gives the Tenant 15 days' (30or such shorter period of time as is otherwise provided herein) days after written notice of any such default shall have been given failure to Tenantperform and the Tenant within such period of 15 days fails to commence diligently and, or if thereafter, to proceed diligently to cure any such failure to perform; or (c) the Tenant or an any agent of the Tenant shall falsify falsifies any report or statement required to be furnished to Owner the Landlord pursuant to this Lease; or (d) the terms of this lease, or if Tenant or any guarantor of this lease shall become Lease or any person occupying the Premises or any part thereof or any licensee, concessionaire or franchisee operating business in the Premises becomes bankrupt or insolvent, insolvent or file takes the benefit of any debtor proceedings act now or take hereafter in force for bankrupt or have taken against Tenant insolvent debtors or files any proposal or makes any assignment for the benefit of creditors or any guarantor of this lease in any court pursuant to any statute either of the United States arrangement or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of compromise; or (e) a receiver or trustee of a receiver and manager is appointed for all or a portion of the Tenant's property or any such guarantor's, occupant's, licensee's, concessionaire's or franchisee's property, ; or (f) any steps are taken or if any action or proceedings are instituted by the Tenant or by any such guarantor makes an assignment other party, including, without limitation, any court or governmental body of competent jurisdiction for the benefit dissolution, winding-up or liquidation of creditorsthe Tenant or its assets; or (g) the Tenant makes a sale in bulk of any of its assets wherever situate (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder and pursuant to the Bulk Sales Act (Ontario)); or (h) the Tenant abandons or attempts to abandon the Premises or, other than in the ordinary course of business, sells or petitions disposes of the trade fixtures, goods or chattels of the Tenant or remove 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 due or accruing hereunder for a period of at least 6 months; or (i) the Premises become and remain vacant for a period of 7 consecutive days or enters into are used by any persons other than such as are entitled to use them hereunder; or (j) the Tenant assigns, transfers, encumbers, sublets or, save and except with respect to an arrangementaffiliate (as that term is defined in the OBCA) with prior written notice to the Landlord, permits the occupation or if Tenant shall abandon said premisesuse or the parting with or sharing possession of all or any part of the Premises by anyone, except in a manner permitted by this Lease; or (k) this Lease or suffer this lease to be any of the Tenant's assets are taken under any writ or of execution; or (l) re-entry is permitted under any other terms of this Lease, then and in every such case the Owner besides Landlord, in addition to any other rights or remedies it may havehas pursuant to this Lease or by law, shall have has the immediate right of re-entry upon the Premises and it may repossess the Premises and enjoy them as of its former estate and may remove, expel all persons and remove all property from the leased premises Premises and such property may be removed and sold or disposed of by the Landlord as it deems advisable or may be 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 deemed considered guilty of trespass, trespass or becoming liable for any loss or damage which may be occasioned thereby.