Common use of RIGHTS OF LANDLORD UPON DEFAULT BY TENANT Clause in Contracts

RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. 26.1 If a default as provided in Section 25 occurs, then the Landlord, in addition to all rights and remedies granted under the laws of the State of Florida, shall have any and all of the following rights: 26.1.1 To re-enter and remove all persons and property from the Premises, and such property may be removed and stored in a public warehouse, sidewalk or elsewhere at the cost of and for the account and sole risk of Tenant, all without service of notice or resort to legal process and without Landlord or its agents being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned hereby, Tenant hereby absolutely waiving all claims for damages related directly or indirectly to any of the same; and, alternatively, 26.1.2 To terminate the Lease and re-let the Premises for th account of the Landlord or within the sole discretion of Landlord the premises may be re-let for the account of the Tenant; and, alternatively, 26.1.3 If any part or portion of the rent or payments agreed to be treated as rent shall remain due and unpaid for three (3) days after the same shall become due and payable, Landlord shall have the option of declaring the balance of the entire unpaid rent for the entire rental term of this Lease to be accelerated and to be immediately due and payable, and Landlord may then proceed immediately to collect all of the unpaid rent called for by this Lease by distress or otherwise and to terminate this Lease, without prejudice to Tenant's obligation for all such accelerated rent should Tenant fail then to pay the balance of the entire rental term. For purposes of this Section 26.1.3, said balance means the entire Rent for the balance of the term of this Lease. 26.2 The prevailing party in any action under this Lease shall be entitled to recover form the other party reasonable attorneys' fees plus costs, whether suit instituted or not. In any and all litigation between Landlord and Tenant, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, taxable costs, and all other expenses at all levels of trial and appeal. 26.3 Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause or in the event of Landlord obtaining possession of the Premises, by reason of violation by Tenant of any of the terms, covenants or conditions of this Lease, or otherwise. 26.4 The rights of the Landlord under this Lease shall be cumulative and the failure on the part of the Landlord to exercise any rights under this Lease shall not operate to forfeit any of the Landlord's rights. The failure of Landlord to insist, at any time, upon strict performance of any covenants, payments, provisions or conditions of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant, payment, provision, condition or option.

RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. 26.1 A. If a Tenant is in default as provided in Section 25 occursunder any terms of this Lease and if same is not cured by Tenant within ten (10) business days after written notice to Tenant, then the Landlord, in addition to all rights and remedies granted under the laws of the State of Florida, shall have any and or all of the following rights: 26.1.1 (i) To re-enter and remove all persons and property from the Demised Premises, and such property may be removed and stored in a public warehouse, sidewalk warehouse or elsewhere at the cost of and for the account and sole risk of Tenant, all without service of notice or resort to legal process and without Landlord or its agents being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned hereby, Tenant hereby absolutely waiving all claims for damages related directly or indirectly to any thereby. (ii) Tenminate Tenant’s possession of the same; and, alternatively,Premises and elect to declare the entire minimum rent for the balance of the term due and payable forthwith. 26.1.2 To terminate the Lease and re-let (iii) Terminate Tenant’s possession of the Premises and relet the Demised Premises for th the account of the Landlord or within the sole discretion of Landlord the premises Demised Premises may be re-let retel for the account of Tenant. B. In case suit shall be brought by Landlord for the Tenant; and, alternatively, 26.1.3 If any part recovery of rent or portion because of the rent breach of any covenant by Tenant, and if Landlord is successful in such litigation, then Tenant shall pay all costs of said litigation, including a reasonable attorney’s fee. In the event that any suit shall be filed by either Landlord or payments agreed to be treated as rent shall remain due and unpaid for three (3) days after the same shall become due and payable, Landlord shall have the option of declaring the balance Tenant involving this Lease or any other aspect of the entire unpaid rent for tenancy, then the entire rental term of this Lease to be accelerated and to be immediately due and payable, and Landlord may then proceed immediately to collect all of the unpaid rent called for by this Lease by distress or otherwise and to terminate this Lease, without prejudice to Tenant's obligation for all such accelerated rent should Tenant fail then to pay the balance of the entire rental term. For purposes of this Section 26.1.3, said balance means the entire Rent for the balance of the term of this Lease. 26.2 The prevailing prevaling party in any action under this Lease such litigation shall be entitled to recover form reasonable attorneys fees and costs of such Litigation C. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other party reasonable attorneys' fees plus costson any matters whatsoever arising out of or in any way connected with this Lease, whether suit instituted or not. In any and all litigation between the relationship of Landlord and Tenant, Tenant’s use or occupancy of the prevailing party Demised Premises and/or any claim or injury or damage. In the event Landlord commences any proceedings for nonpayment of rent minimum rent or additional rent. Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. This shall not however, be entitled construed as a waiver of the Tenant’s right to recover from the other party reasonable attorneys' fees, taxable costs, and all other expenses at all levels of trial and appealassert such claims in any separate action or actions brought by Tenant. 26.3 D. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause or in the event of Landlord obtaining possession of the Demised Premises, by reason of violation by Tenant of any of the terms, covenants or conditions of this Lease, or otherwise. 26.4 The rights E. Except as to default under Paragraph 24C, if Tenant is in default Landlord shall have the rights, at its option, to require the minimum rent be paid in semi-annual installments, in advance, for the remainder of the Landlord under term or extended term of this Lease shall be cumulative and Lease, the failure on the part said semi-annual rental to commence effective as of the Landlord to exercise any rights under this Lease shall not operate to forfeit any first day of the Landlord's rights. The failure of Landlord to insist, at any time, upon strict performance of any covenants, payments, provisions or conditions of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant, payment, provision, condition or optionmonth in which said default by Tenant occurs.

RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. 26.1 If a Tenant shall be in default as provided in Section 25 occurs, then the Landlord, in addition to all rights and remedies granted under the laws of the State of Florida, shall have any and all of the following rights: 26.1.1 To re-enter and remove all persons and property from the Premises, and such property may be removed and stored in a public warehouse, sidewalk or elsewhere at the cost of and for the account and sole risk of Tenant, all without service of notice or resort to legal process and without Landlord or its agents being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned hereby, Tenant hereby absolutely waiving all claims for damages related directly or indirectly to any of the same; and, alternatively, 26.1.2 To terminate the Lease and re-let the Premises for th account of the Landlord or within the sole discretion of Landlord the premises may be re-let for the account of the Tenant; and, alternatively, 26.1.3 If any part or portion of the rent or payments agreed to be treated as rent shall remain due and unpaid for three (3) days after the same shall become due and payablethis Lease, Landlord shall have the option right, at its sole option, to terminate this Lease, provided Landlord shall give Tenant ten (10) business days' prior notice of declaring Lease termination with respect to any monetary defaults hereunder, and thirty (30) days' prior notice of Lease termination as to non-monetary defaults which notice shall specify the alleged default. The termination notice may be cured within the applicable ten (10) and thirty (30) day periods as above provided if Tenant cures the default occasioning such termination notice; and with respect to the non-monetary defaults if the cure cannot be effectuated within the thirty (30) day period, but Tenant is diligently prosecuting any such cure, the termination notice will be extended for such reasonable time as may be necessary for Tenant to effectuate such cure. In the event of a default beyond any applicable grace period, the balance of all Rent and other charges to become due throughout the entire unpaid rent for Term hereof shall, at the entire rental term option of this Lease to Landlord, be accelerated and to shall be immediately due and payable, and Landlord may then proceed immediately in its own name, but as agent for Tenant, assign, sublet or relet the Demised Premises for any period equal to collect all or greater or less than the remainder of the unpaid rent called Term hereof for any sum which Landlord may deem reasonable to any lessee Landlord may select, and for any use or purpose which Landlord may designate. With or without terminating this Lease, Landlord may re-enter and take possession of the Demised Premises and the provisions of this Article 25 shall operate as a notice to quit, any other notice to quit or of Landlord's intention to re-enter the Demised Premises being hereunder expressly waived. If necessary, Landlord may proceed to recover possession of the Demised Premises under and by this Lease virtue of the laws of the State of New Jersey or by distress or otherwise such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, without prejudice to Tenant's obligation for all such accelerated rent should Tenant fail then to pay the balance of the entire rental term. For purposes of this Section 26.1.3, said balance means the entire Rent for the balance of the term of this Lease. 26.2 The prevailing party everything contained in any action under this Lease on the part of Landlord to be done and performed shall be entitled cease without prejudice, however, to recover form the other party reasonable attorneys' fees plus costs, whether suit instituted or not. In any and all litigation between right of Landlord and Tenant, the prevailing party shall be entitled to recover from Tenant all Rent and other sums accrued up to the other party time of termination or recovery of possession by Landlord, whichever is later, all broker commissions and the cost of all improvements to the Demised Premises incurred by Landlord in connection with the Lease, and all Rent remaining to be paid under this Lease. Whether or not this Lease is terminated by reason of Tenant's default, Landlord shall take all reasonable steps to mitigate damages. If the full rental provided herein plus the costs, expenses and damages hereafter described shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in Minimum Annual Rent and Additional Rent, reasonable attorneys' fees, taxable costsbrokerage fees, and the expense of placing the Demised Premises in first-class rentable condition. Landlord shall in no way be responsible or liable for any failure to relet the Demised Premises or any part thereof, or any failure to collect any Rent due and/or accrued from such reletting, to the end and intent that Landlord may elect to hold Tenant liable for the Minimum Annual Rent, Additional Rent, and any and all other expenses items of cost and expense which Tenant shall have been obligated to pay throughout the remainder of the Lease Term. Any damages or loss of Rent sustained by Landlord may be immediately recovered by Landlord, at all levels Landlord's option, at the time of trial and appeal. 26.3 the reletting, or in separate actions, from time to time, as said damages shall have been made more easily ascertainable by successive relettings, or, at Landlord's option, may be deferred until the expiration of the Lease Term, in which event Tenant hereby expressly waives any and all rights agrees that the cause of redemption granted by or under any present or future laws in action shall not be deemed to have accrued until the event date of Tenant being evicted or dispossessed for any cause or in the event of Landlord obtaining possession expiration of the PremisesLease Term. The provisions contained in this Section shall be in addition to, by reason of violation by and shall not prevent the enforcement of, any claim Landlord may have against Tenant of any of the terms, covenants or conditions for anticipatory breach of this Lease, or otherwise. 26.4 The rights of the Landlord under this Lease shall be cumulative and the failure on the part of the Landlord to exercise any rights under this Lease shall not operate to forfeit any of the Landlord's rights. The failure of Landlord to insist, at any time, upon strict performance of any covenants, payments, provisions or conditions of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant, payment, provision, condition or option.

RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. 26.1 If a an event of default as provided in Section 25 34 occurs, then the LandlordLANDLORD, in addition to all rights and remedies granted under the laws of the State of FloridaAlabama, as stated on the FACE PAGE, shall have any and all of the following rights: 26.1.1 : To re-enter and remove all persons and property from the Demised Premises, and such property may be removed and stored in a public warehouse, sidewalk or elsewhere at the cost of and for the account and sole risk of TenantTENANT, all without service of notice or resort to legal process and without Landlord LANDLORD or its agents being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned hereby, Tenant TENANT hereby absolutely waiving all claims for damages related related, directly or indirectly indirectly, to any of the same; and, alternatively, 26.1.2 and To terminate the Lease and re-let the Demised Premises for th the account of the Landlord LANDLORD or within the sole discretion of Landlord LANDLORD the premises Demised Premises may be re-let for the account of the TenantTENANT; and, alternatively, 26.1.3 If any part or portion of the base rent, additional rent or payments agreed to be treated as rent shall remain due and unpaid for three five (35) days next after the same shall become due and payable, Landlord LANDLORD shall have the option of declaring the balance of the entire unpaid rent for the entire rental term of this Lease to be accelerated and to be immediately due and payable, and Landlord LANDLORD may then proceed immediately to collect all of the unpaid rent called for by this Lease by distress or otherwise otherwise; and to LANDLORD may terminate this Lease, without prejudice to Tenant's waiving TENANT’S obligation for all such accelerated rent should Tenant TENANT fail then to pay the balance of the entire rent for the entire rental term. For purposes of this Section 26.1.3paragraph, said balance means the entire Rent base annual rent and additional rent for the balance of the term of this Lease plus, for each remaining year of the term of this Lease. 26.2 The prevailing party , and pro rata for any part of a year. TENANT agrees to pay all costs, whether or not otherwise considered “court costs”, and expenses of collection and reasonable attorney’s fees on any part of rent or sums agreed to be treated as rent that may be collected by an attorney, suit, distress, or foreclosure; and, further, in any action the event that TENANT fails promptly and fully to perform and comply with each and every term, provision, covenant, agreement, undertaking, or condition under this Lease or upon the occurrence of an event of default, and the matter is turned over to LANDLORD’S attorney(s), TENANT shall be entitled to recover form the other party pay LANDLORD’S reasonable attorneys' attorney’s fees plus costs, where deemed necessary or appropriate by LANDLORD, whether suit is instituted or not. In The parties hereto shall, and they hereby do, irrevocably waive trial by jury in any and all litigation between Landlord and Tenantevery action or proceeding brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the prevailing party shall be entitled to recover from relationship of LANDLORD and TENANT, TENANT’S use or occupancy of the other party reasonable attorneys' fees, taxable costsDemised Premises, and all other expenses at all levels any claim for injury or damage. In the event LANDLORD commences any proceedings, whether or not for nonpayment of trial base annual rent, any additional rent, or otherwise, TENANT shall not interpose, and appeal. 26.3 Tenant hereby irrevocably waives the right to any counterclaim of whatever nature or description in any such proceeding(s). The provision in the immediately foregoing sentence shall not, however, be construed as a waiver of the TENANT’S right to assert claims, if any, in any separate action or actions brought by TENANT. TENANT hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant TENANT being evicted or dispossessed for any cause or in the event of Landlord LANDLORD obtaining possession of the Premises, demised premises by reason of violation by Tenant TENANT of any of the terms, covenants or conditions of this Lease, or otherwise. 26.4 The rights of the Landlord under this Lease shall be cumulative and the failure on the part of the Landlord to exercise any rights under this Lease shall not operate to forfeit any of the Landlord's rights. The failure of Landlord to insist, at any time, upon strict performance of any covenants, payments, provisions or conditions of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant, payment, provision, condition or option.

RIGHTS OF LANDLORD UPON DEFAULT BY TENANT. 26.1 27.1 If a an event of default as provided in Section 25 Paragraph 26 occurs, then the LandlordLANDLORD, in addition to all rights and remedies granted under the laws of the State of Florida, shall have any and all of the following rights: 26.1.1 27.1.1 To lawfully re-enter and remove all persons and property from the PremisesDEMISED PREMISES, and such property may be removed and stored in a public warehouse, sidewalk or elsewhere at the cost of and for the account and sole risk of TenantTENANT, all without service of notice or resort to legal process and without Landlord LANDLORD or its agents being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned hereby, Tenant hereby absolutely waiving all claims for damages related directly or indirectly to any of the same; and, alternatively,thereby. 26.1.2 27.1.2 To terminate the Lease LEASE and re-let the Premises DEMISED PREMISES for th the account of the Landlord LANDLORD or within the sole reasonable discretion of Landlord LANDLORD the premises may be re-let for the account of the Tenant; and, alternatively,TENANT. 26.1.3 If any part or portion of the rent or payments agreed to be treated as rent shall remain due and unpaid for three (3) days after the same shall become due and payable, Landlord shall have the option of declaring 27.1.3 To declare the balance of the entire unpaid rent for the entire rental term of this Lease LEASE, discounted to its present value at six percent (6%) interest, to be accelerated and to be immediately due and payable, and Landlord LANDLORD may then proceed immediately to collect all of the unpaid rent called for by this Lease LEASE by distress or otherwise and to terminate this LeaseLEASE, without prejudice to Tenant's TENANT’S obligation for all such accelerated rent should Tenant TENANT fail then to pay the balance of the entire rent for the entire rental term. For purposes of this Section 26.1.3Paragraph 27.1.3, said balance means the entire Rent MINIMUM ANNUAL RENT for the balance of the term of this LeaseLEASE plus, for each remaining year of the term of this LEASE, and prorate for any part of the year, the yearly average of the PERCENTAGE RENT paid by the TENANT upon the GROSS RECEIPTS in the DEMISED PREMISES from the commencement of the term of this LEASE to the end of the lease year next preceding the date of default in the payment of rent by TENANT. 26.2 The prevailing party 27.2 TENANT agrees to pay all costs, whether or not otherwise considered “court costs”, and expenses of collection and reasonable attorney’s fees on any part of rent of sums agreed to be treated as rent that may be collected by an attorney, suit, distress, or foreclosure; and further, in any action the event that TENANT fails to promptly and fully perform and comply with each and every term, provision, covenant, agreement, undertaking or condition under this Lease LEASE and the matter is turned over to LANDLORD’S attorney(s), TENANT shall be entitled to recover form the other party pay LANDLORD’S reasonable attorneys' attorney’s fees plus costs, whether suit instituted in connection with all matters of enforcement, collection or notjudicial construction of the rights of the parties to this LEASE, including fees incurred before, during and at trial, on appeal or in federal bankruptcy, reorganization or similar proceedings, provided that LANDLORD’S action is successful. Should TENANT succeed in defending such action, LANDLORD shall pay all of TENANTS reasonable legal fees and expenses relating to such defense. 27.3 The parties hereto shall, and they hereby do, irrevocably waive trial by jury in any and every action or proceeding brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this LEASE, the relationship of LANDLORD and TENANT, TENANT’S use or occupancy of the DEMISED PREMISES, and any claim for injury or damage. In any and all litigation between Landlord and Tenant, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, taxable costs, and all other expenses at all levels of trial and appeal. 26.3 Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event LANDLORD commences any proceedings, whether or not for nonpayment of Tenant being evicted or dispossessed for rent, MINIMUN ANNUAL RENT, PERCENTAGE RENT, any cause or in the event of Landlord obtaining possession of the Premises, by reason of violation by Tenant of any of the terms, covenants or conditions of this Leaseadditional rent, or otherwise. 26.4 The rights of the Landlord under this Lease shall be cumulative and the failure on the part of the Landlord to exercise any rights under this Lease , TENANT, shall not operate to forfeit interpose, and hereby irrevocably waives the right to, any counterclaim of the Landlord's rightswhatever nature or description in any such proceeding(s). The failure of Landlord to insistprovision in the immediately foregoing sentence shall not, at any timehowever, upon strict performance of any covenants, payments, provisions or conditions of this Lease or to exercise any option herein contained shall not be construed as a waiver of the TENAT’S right to assert claims, if any, in any separate action or actions brought by the TENANT. 27.4 Notwithstanding any provisions of this Lease to the contrary, if LANDLORD shall notify TENANT of the name and address of the holder of a relinquishment for mortgage or mortgages on the future Shopping Center from time to time, LANDLORD shall not be deemed to be in default of such covenantany obligation it may have under this lease unless and until LANDLORD and the holder of said mortgage or mortgages shall have been given written notice of the claimed default and ten (10) days opportunity to cure, paymentexcept in the event of an emergency, provisionin which event, condition or optionverbal notice, followed by written verification, will suffice. 27.5 LANDLORD shall use reasonable business efforts in mitigating its damages in accordance with the laws of the State of Florida.