Common use of Rights of Xxxxxx Clause in Contracts

Rights of Xxxxxx. 1. For purposes of determining the Lessee's performance of its covenants under Article V hereof, the Lessor shall have the right to inspect the Leased Premises from time to time as deemed reasonably necessary by the Lessor throughout the term of this Lease. 2. In the event that the Lessee shall make an assignment for the benefit of its creditors, or a Receiver be appointed for the Lessee, or in case a Petition for adjudication of Lessee as a voluntary or involuntary debtor shall be filed under the Acts of Congress relating to bankruptcy and the Lessee be adjudicated a debtor thereon, or because of a petition filed voluntarily or involuntarily, for reorganization under the Bankruptcy Code, during the continuance of this Lease, without having first paid and satisfied the Lessor in full for all rent, utility or maintenance costs, which may become due and payable during said term, then this Lease shall thereupon forthwith terminate, and the Lessor shall forthwith take possession of the Leased Premises, but not of the right hereunder as to the remainder of the term of this Lease as shall accrue to such assignee, Trustee in Bankruptcy, Receiver or purchaser at judicial sale and the Lessor in such case shall only be entitled to the rent, utility or maintenance costs hereunder according to law. 3. On failure of the Lessee to keep all the covenants of this Lease, and such default continues for a period of fifteen (15) days, and provided that the Lessor shall have given to the Lessee ten (10) days written notice by registered mail, at the Lessee's office of the Lessor's intention to enter judgment under this clause, or to remove the Lessee from the Leased Premises at the termination of the same, then the Lessee hereby authorizes and empowers any attorney of any Court of Record in Pennsylvania, or elsewhere, to appear for it and confess and enter judgment for the total sum due during the term of the Lease, with or without declaration, with cost of suit and reasonable attorney's fees, release of errors, without stay of execution; and the Lessee does hereby waive and release all relief from any and all appraisement, stay and exemption laws of any state now in force or hereafter to be passed; or the Lessor may issue Landlord's warrant for collection of such rental, utility or maintenance costs in case default be not made good after such notice as aforesaid; or the Lessor at its option may proceed by action of ejectment on this Lease after default made as aforesaid, and in such case, the Lessee hereby authorizes and empowers any attorney of any Court of Record to appear for it in an amicable action of ejectment for the Leased Premises to be entered by the Prothonotary, and confess judgment therein in favor of the Lessor against the Lessee for the Leased Premises, and authorizes the issuing of a Writ of Possession with Writ of Execution for the costs. 4. If the Lessee be in default in the performance of any of its covenants hereunder, the failure to perform which would impose financial obligation or risk on the Lessor, the Lessor may pay, perform and discharge such covenant or obligation of the Lessee and the amount or amounts so paid shall be deemed and taken as additional rent due and payable from the Lessee. 5. A determining of the term, or the receipt of rent, utility or maintenance costs after default or after judgment, or after execution, shall not deprive the Lessor of other actions against the Lessee for possession, or for damages, and no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same or any other covenant. The Lessor may cumulatively use any or all of the remedies herein given and those prescribed by law. 6. The Lessor shall exercise no rights accruing to the Lessor hereunder by reason of any default of the Lessee, unless prior to the exercise of such right, the Lessor shall have given ten (10) days written notice by registered mail to the Lessee, at the Lessee's office. 7. In the event that the Lessee shall breach any of the terms of this Lease and the Lessor, not being in default, shall be required to employ attorneys to protect or enforce its rights hereunder and shall prevail thereon, then the Lessee agrees to pay the Lessor's reasonable attorneys' fees so incurred. 8. In the event that the Lessor shall breach any of the terms and the Lessee, not being in default, shall be required to employ attorneys to protect or enforce its rights hereunder and shall prevail thereon, then the Lessor agrees to pay the Lessee’s reasonable attorney’s fees so incurred.