Rights of Lessor Upon Default. Upon the occurrence of any Default hereunder, Lessor shall have the right, at its option, and without further notice, to give Lessee written notice of the termination of this Lease as of the date of such written notice or such date as may be specified in such notice of termination. On such termination date, this Lease and the term hereby granted and created, as well as all of the right, title and interest of Lessee hereunder (without further action on Lessor's part or those claiming under Lessor) shall wholly cease and expire, in the same manner and with the same force and effect as if the expiration of time in such notice were the end of the term herein originally demised. Lessor or those claiming under Lessor may immediately or at any time thereafter, and without further notice or demand, enter into and upon the Demised Premises or any part thereof, and repossess the same as of Lessor's first and former estate, and expel Lessee and those claiming under Lessee and remove Lessee's effects (forcibly, if necessary) without being taken or deemed guilty of any manner of trespass and without prejudice to any remedies that might otherwise be used for affears of rent or breach of contracts. Lessee agrees that, notwithstanding the termination of the Lease and the possession regained by Lessor, it will indemnify Lessor against all loss of rent which Lessor may suffer by reason of such termination, during the remainder of the term hereof, as well as other damages to which Lessor may be entitled. It is especially agreed and understood that Lessor may retain all advance rentals or deposits in Lessor's possession as and for damages to apply against rentals to accrue during the remainder of the term hereof and other damages. Lessor shall not be required to relet the Demised Premises nor exercise any other right granted to Lessor hereunder, nor shall Lessor be under any obligation to minimize Lessee's loss as a result of Lessee's default. If Lessor attempts to relet the Demised Premises, Lessor shall be the sole judge as to whether or not a proposed tenant is suitable and acceptable. Upon the occurrence of any Default hereunder, Lessor shall have, in addition to any other remedies which it may have hereunder, the right to invoke any remedy allowed at law or in equity to enforce Lessor's rights or any of them, as if reentry and other remedies were not herein provided for, including, without limitation, the right to elect not to terminate this Lease and require Lessee to cure any default hereunder. In the event Lessor does not exercise the rights of reentry herein above given Lessor, Lessor may accept rent from any receiver, trustee, or other officer in possession thereof, for the term of such occupancy without impairing or affecting in any way the tights of Lessor against Lessee hereunder or his right to such advance rentals or deposit. Any neglect or failure to enforce the fight of forfeiture of this Lease or reentry upon the breach of any of the conditions, covenants, terms and agreements herein contained, shall not be deemed a waiver of such right upon any continuing or subsequent breach of any such or any other condition, covenant, term and/or agreement herein contained. If Lessor shall deem it necessary to engage attorneys to enforce its rights hereunder, with the determination of such necessity to be in the sole discretion of Lessor, Lessee will reimburse Lessor for the reasonable costs and expenses incurred thereby, including but not limited to court costs and attorneys' fees.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Miller Energy Resources, Inc.)
Rights of Lessor Upon Default. Upon the occurrence of any Default hereunder, Lessor shall have the right, at its option, and without further notice, to give Lessee written notice of the termination of this Lease as of the date of such written notice or such date as may be specified in such notice of termination. On such termination date, this Lease and the term hereby granted and created, as well as all of the right, title and interest of Lessee hereunder (without further action on Lessor's part or those claiming under Lessor) shall wholly cease and expire, in the same manner and with the same force and effect as if the expiration of time in such notice were the end of the term herein originally demised. Lessor or those claiming under Lessor may immediately or at any time thereafter, and without further notice or demand, enter into and upon the Demised Premises or any part thereof, and repossess the same as of Lessor's first and former estate, and expel Lessee and those claiming under Lessee and remove Lessee's effects (forcibly, if necessary) without being taken or deemed guilty of any manner of trespass and without prejudice to any remedies that might otherwise be used for affears arrears of rent or breach of contracts. Lessee agrees that, notwithstanding the termination of the Lease and the possession regained by Lessor, it will indemnify Lessor against all loss of rent which Lessor may suffer by reason of such termination, during the remainder of the term hereof, as well as all other damages to which Lessor may be entitled. It is especially agreed and understood that Lessor may retain all advance rentals or deposits in Lessor's possession as and for damages to apply against rentals to accrue during the remainder of the term hereof and any other damages. Lessor shall not be required to relet the Demised Premises nor exercise any other right granted to Lessor hereunder, nor Lessor shall Lessor be under any obligation exercise reasonable efforts to minimize Lessee's loss as a result of Lessee's default. If Lessor attempts to relet the Demised Premises, Lessor shall be the sole judge as to whether or not a proposed tenant is suitable and acceptable. Upon the occurrence of any Default hereunder, Lessor shall have, in addition to any other remedies which it may have hereunder, the right to invoke any remedy allowed at law or in equity to enforce Lessor's rights or any of them, as if reentry and other remedies were not herein provided for, including, including without limitation, the right to elect not to terminate this Lease and require Lessee to cure any default hereunder. In the event Lessor does not exercise the rights of reentry herein above hereinabove given Lessor, Lessor may accept rent from any receiver, trustee, or other officer in possession thereof, for the term of such occupancy without impairing or affecting in any way the tights rights of Lessor against Lessee hereunder or his right to such advance rentals or deposit. Any neglect or failure to enforce the fight right of forfeiture of this Lease or reentry upon the breach of any of the conditions, covenants, terms and agreements herein contained, shall not be deemed a waiver of such right upon any continuing or subsequent breach of any such or any other condition, covenant, term and/or agreement herein contained. If Lessor shall deem it necessary to engage attorneys to enforce its rights hereunder, with the determination of such necessity to be in the sole discretion of Lessor, Lessee will reimburse Lessor for the reasonable costs and expenses incurred thereby, including but not limited to court costs and attorneys' fees.
Appears in 2 contracts
Samples: Lease Agreement (Acme Television LLC), Lease Agreement (Acme Intermediate Holdings LLC)
Rights of Lessor Upon Default. Upon If the occurrence Lessee fails to pay any installment of rent or any Default hereunderpart thereof when due, Lessor or if Lessee or their guests shall have the rightviolate any other term, at its optioncondition, and without further noticecovenant, to give Lessee written notice of the termination rules or regulation of this Lease as or if Lessee shall fail promptly to take possession of or shall abandon the date of such written notice or such date as premises, Lessor may be specified in such notice of termination. On such termination date, terminate this Lease and the term hereby granted and created, as well as all of the right, title and interest of Lessee hereunder (without further action on Lessor's part or those claiming under Lessor) shall wholly cease and expire, in the same manner and accordance with the same force and effect as if terms set forth below. Lessee shall not be relieved of any obligations hereunder, including without limitation, the expiration payment of time in such notice were rent. In the end of the term herein originally demised. event Lessor or those claiming under Lessor may immediately or at any time thereafter, and without further notice or demand, enter into and upon the Demised Premises or any part thereof, and shall repossess the same as of Lessor's first and former estatepremises, and expel Lessee and those claiming under Lessee and remove Lessee's effects (forcibly, if necessary) without being taken or deemed guilty of any manner of trespass and without prejudice to any remedies that might otherwise be used for affears of rent or breach of contracts. Lessee agrees that, notwithstanding the termination of the Lease and the possession regained by Lessor, it will indemnify Lessor against all loss of rent which Lessor may suffer by reason of such termination, during the remainder of the term hereof, as well as other damages to which Lessor may be entitled. It is especially agreed and understood that Lessor may retain all advance rentals or deposits in Lessor's possession as and for damages to apply against rentals to accrue during the remainder of the term hereof and other damages. Lessor shall not be required to relet accept any payment from Lessee offered by Lessee for the Demised Premises nor premises. The failure on the part of the Lessor to re-enter and repossess the premises or to exercise any other right granted to of its rights hereunder upon default, shall not preclude Lessor hereunder, nor shall Lessor be under from the exercise of any obligation to minimize Lessee's loss such rights during the continuance of such default or upon any subsequent default. Acceptance of past due rent will in no way act as a result waiver of Lessor's right to terminate the Lease for non-payment of rent when due after the Lease has been properly terminated in accordance with this Lease and Maine Law. If Lessee or their guests shall violate, breach or be in default of any term or condition of this Lease, Lessee shall pay all costs and expenses incurred by Lessor in connection with its exercising any rights or remedies it may have under this Lease because of such violation or breach. The re-letting of Lessee's default. If Lessor attempts to relet the Demised Premises, premises by Lessor shall be the sole judge as to whether not terminate or not a proposed tenant is suitable and acceptable. Upon the occurrence of any Default hereunder, Lessor shall have, in addition to any other remedies which it may have hereunder, the right to invoke any remedy allowed at law or in equity to enforce otherwise affect Lessor's rights or any of them, as if reentry and other remedies were not herein provided for, against Lessee for damages including, without limitation, loss of rent. Upon default by the right to elect not Lessee, the Lessor shall have the following rights to terminate this Lease and require Lessee to cure any default hereunder. In the event Lessor does not exercise the rights of reentry herein above given Lessor, Lessor may accept rent from any receiver, trustee, or other officer in possession thereof, for the term of such occupancy without impairing or affecting in any way the tights of Lessor against Lessee hereunder or his right to such advance rentals or deposit. Any neglect or failure to enforce the fight of forfeiture of this Lease or reentry upon the breach of any of the conditions, covenants, terms and agreements herein contained, shall not be deemed a waiver of such right upon any continuing or subsequent breach of any such or any other condition, covenant, term and/or agreement herein contained. If Lessor shall deem it necessary to engage attorneys to enforce its rights hereunder, with the determination of such necessity to be in the sole discretion of Lessor, Lessee will reimburse Lessor for the reasonable costs and expenses incurred thereby, including but not limited to court costs and attorneys' fees.Lease:
Appears in 1 contract
Samples: Lease Agreement
Rights of Lessor Upon Default. Upon If the occurrence Lessee fails to pay any installment of rent or any Default hereunderpart thereof when due, Lessor or if Lessee or their guests shall have the rightviolate any other term, at its optioncondition, and without further noticecovenant, to give Lessee written notice of the termination rules or regulation of this Lease as or if Lessee shall fail promptly to take possession of or shall abandon the date of such written notice or such date as Premises, Lessor may be specified in such notice of termination. On such termination date, terminate this Lease and the term hereby granted and created, as well as all of the right, title and interest of Lessee hereunder (without further action on Lessor's part or those claiming under Lessor) shall wholly cease and expire, in the same manner and accordance with the same force and effect as if terms set forth below. Lessee shall not be relieved of any obligations hereunder, including without limitation, the expiration payment of time in such notice were rent. In the end of the term herein originally demised. event Lessor or those claiming under Lessor may immediately or at any time thereafter, and without further notice or demand, enter into and upon the Demised Premises or any part thereof, and shall repossess the same as of Lessor's first and former estatePremises, and expel Lessee and those claiming under Lessee and remove Lessee's effects (forcibly, if necessary) without being taken or deemed guilty of any manner of trespass and without prejudice to any remedies that might otherwise be used for affears of rent or breach of contracts. Lessee agrees that, notwithstanding the termination of the Lease and the possession regained by Lessor, it will indemnify Lessor against all loss of rent which Lessor may suffer by reason of such termination, during the remainder of the term hereof, as well as other damages to which Lessor may be entitled. It is especially agreed and understood that Lessor may retain all advance rentals or deposits in Lessor's possession as and for damages to apply against rentals to accrue during the remainder of the term hereof and other damages. Lessor shall not be required to relet accept any payment from Lessee offered by Lessee for the Demised premises. The failure on the part of the Lessor to re-enter and repossess the Premises nor or to exercise any other right granted to of its rights hereunder upon default, shall not preclude Lessor hereunder, nor shall Lessor be under from the exercise of any obligation to minimize Lessee's loss such rights during the continuance of such default or upon any subsequent default. Acceptance of past due rent will in no way act as a result waiver of Lessor's right to terminate the Lease for non-payment of rent when due after the Lease has been properly terminated in accordance with this Lease and Maine Law. If Lessee or their guests shall violate, breach or be in default of any term or condition of this Lease, Lessee shall pay all costs and expenses incurred by Lessor in connection with its exercising any rights or remedies it may have under this Lease because of such violation or breach. The re-letting of Lessee's default. If Lessor attempts to relet the Demised Premises, Premises by Lessor shall be the sole judge as to whether not terminate or not a proposed tenant is suitable and acceptable. Upon the occurrence of any Default hereunder, Lessor shall have, in addition to any other remedies which it may have hereunder, the right to invoke any remedy allowed at law or in equity to enforce otherwise affect Lessor's rights or any of them, as if reentry and other remedies were not herein provided for, against Lessee for damages including, without limitation, loss of rent. Upon default by the right to elect not Lessee, the Lessor shall have the following rights to terminate this Lease and require Lessee to cure any default hereunder. In the event Lessor does not exercise the rights of reentry herein above given Lessor, Lessor may accept rent from any receiver, trustee, or other officer in possession thereof, for the term of such occupancy without impairing or affecting in any way the tights of Lessor against Lessee hereunder or his right to such advance rentals or deposit. Any neglect or failure to enforce the fight of forfeiture of this Lease or reentry upon the breach of any of the conditions, covenants, terms and agreements herein contained, shall not be deemed a waiver of such right upon any continuing or subsequent breach of any such or any other condition, covenant, term and/or agreement herein contained. If Lessor shall deem it necessary to engage attorneys to enforce its rights hereunder, with the determination of such necessity to be in the sole discretion of Lessor, Lessee will reimburse Lessor for the reasonable costs and expenses incurred thereby, including but not limited to court costs and attorneys' fees.Lease:
Appears in 1 contract
Samples: Lease Agreement