RIGHTS UPON DEFAULT BY TENANT. (a) This Lease and the term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever there shall occur any event of Default, as enumerated above, Landlord may, at Landlord's option, without any notice or demand whatsoever (any such notice and demand being expressly waived by Tenant) in addition to any other remedy or right given hereunder or by law or equity do any one or more of the following: (1) Terminate this Lease by written notice to Tenant, in which event Xxxxxx shall immediately surrender possession of the Premises to Landlord; (2) Terminate Xxxxxx's right to possession of the Premises under this Lease without terminating the Lease itself, by written notice to Tenant, in which event Tenant shall immediately surrender possession of the Premises to Landlord; (3) Enter upon and take possession of the Premises and expel or remove Tenant and any other occupant therefrom, with or without having terminated this Lease; (4) Alter locks and other security devices at the Premises with or without having terminated this Lease or Tenant's right to possession under the Lease; (5) In the event of any Default described in subsection (b) of Section 15.01, enter upon the Premises by force if necessary without being liable for prosecution or any claim for damages therefor, and do whatever Tenant is obligated to do under the terms of this Lease; and Xxxxxx agrees to reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance with Tenant's obligations under this Lease, and Xxxxxx further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. (b) It is hereby expressly stipulated by Landlord and Tenant that any of the above listed actions including, without limitation, termination of this Lease, termination of Tenant's right to possession, and re-entry by Landlord, will not affect the obligations of Tenant for the unexpired Term of this Lease, including the obligations to pay unaccrued monthly rentals and other charges provided in this Lease for the remaining portion of the Term of the Lease. The following provisions shall override and control any conflicting provisions of Section 93.002 of the Texas Property Code. If an event of Default occurs, Landlord is entitled and is hereby authorized, without any notice to Tenant whatsoever, to enter upon the Premises by use of a master key, a duplicate key, or other peaceable means, and to change, alter, and/or modify the door locks on all entry doors of the Premises, thereby permanently excluding Tenant, and its officers, principals, agents, employees, and representatives therefrom. In the event that Landlord has either terminated Xxxxxx's right to possession of the Premises pursuant to the foregoing provisions of this Lease, or has terminated the Lease by reason of Tenant's Default, Landlord shall not thereafter be obligated to provide Tenant with a key to the Premises at any time; provided, however, that in any such instance, during Xxxxxxxx's normal business hours and at the convenience of Landlord, and upon the written request of Tenant accompanied by such written waivers and releases as the Landlord may require, Landlord will escort Tenant or its authorized personnel to the Premises to retrieve any personal belongings or other property of Tenant not subject to the Landlord's lien or security interest described in Section 15.08
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
RIGHTS UPON DEFAULT BY TENANT. (a) This Lease and the term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever there shall occur any event of Default, as enumerated above, Landlord may, at Landlord's option, without any notice or demand whatsoever (any such notice and demand being expressly waived by Tenant) in addition to any other remedy or right given hereunder or by law or equity do any one or more of the following:
(1) Terminate this Lease by written notice to Tenant, in which event Xxxxxx Tenant shall immediately surrender possession of the Premises to Landlord;
(2) Terminate XxxxxxTenant's right to possession of the Premises under this Lease without terminating the Lease itself, by written notice to Tenant, in which event Tenant shall immediately surrender possession of the Premises to Landlord;
(3) Enter upon and take possession of the Premises and expel or remove Tenant and any other occupant therefrom, with or without having terminated this Lease;
(4) Alter locks and other security devices at the Premises with or without having terminated this Lease or Tenant's right to possession under the Lease;
(5) In the event of any Default default described in subsection (b) of Section 15.01, Landlord shall have the right to enter upon the Premises by force if necessary without being liable for prosecution or any claim for damages therefortherefore, and do whatever Tenant is obligated to do under the terms of this Lease; and Xxxxxx Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance with Tenant's obligations under this Lease, and Xxxxxx Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action.
(b) It is hereby expressly stipulated Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Premises by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of locks or other security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any event of Default, to the aforesaid exercise of dominion over Tenant's property within the Premises. All claims for damages by reason of such re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. Tenant agrees that any of the above listed actions including, without limitation, termination of this Lease, termination of Tenant's right to possession, and re-entry by Landlord may be pursuant to a judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.
(i) In the event Landlord elects to terminate this Lease by reason of an event of Default, then notwithstanding such termination, the Tenant shall be liable for and shall pay to the Landlord, will not affect at the obligations address specified in Section 1.01(a) above, the sum of Tenant for all Rent accrued to the unexpired Term date of this Leasesuch termination, including plus, as damages, (i) the obligations cost of recovering, re-renting and remodeling the Premises and (ii) an amount equal to pay unaccrued monthly rentals and other charges the total of the Rent provided in this Lease for the remaining portion of the Term of the Lease. The following provisions shall override and control any conflicting provisions of Lease (had such Term not been terminated by Landlord prior to the Expiration Date stated in Section 93.002 3.01), less the reasonable rental value of the Texas Property Code. If Premises for such period, such of count to be discounted to present value at the rate of six percent (6%) per annum (the undersigned parties here stipulating that such reasonable rental shall in no event be deemed to exceed 60% of the present value of the Rent for such period).
(ii) In the event Landlord elects to terminate this Lease by reason of an event of Default occursDefault, in lieu of exercising the right of Landlord under the preceding subparagraph (I), Landlord is entitled and is hereby authorizedmay instead hold Tenant liable for all Rent accrued to the date of such termination, plus such Rent as would otherwise have been required to be paid by Tenant to Landlord during the period following termination of the Term measured from the date of such termination by Landlord until the Expiration Date stated in Section 3.01 (had Landlord not elected to terminate the Lease on account of such event of Default) diminished by any net sums thereafter received by Landlord through reletting the Premises during said period (after deducting expenses incurred by Landlord as provided in Section 15.03 hereof). Actions to collect amounts due by Tenant as provided for in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or more occasions, without the necessity of Landlord's waiting until expiration of such period; and in no event shall Tenant be entitled to any notice excess of rent obtained by reletting over and above the rent provided for in this Lease. If Landlord elects to Tenant whatsoeverexercise the remedy prescribed in this subparagraph (ii), this election shall in no way prejudice Landlord's right at any time thereafter to enter upon the Premises by use of a master key, a duplicate key, or other peaceable means, and to change, alter, and/or modify the door locks on all entry doors cancel said election in favor of the Premises, thereby permanently excluding Tenant, and its officers, principals, agents, employees, and representatives therefrom. remedy prescribed in the foregoing subparagraph (i).
(d) In the event that Landlord has either terminated Xxxxxxelects to repossess the Premises without terminating the Lease, then Tenant shall be liable for and shall pay to Landlord at the address specified in Section 1.01(a) above, all Rent accrued to the date of such repossession, plus Rent required to be paid by Tenant to Landlord during the remainder of the Term until the Expiration Date of the Term as stated in Section 3.01, diminished by any net sums thereafter received by Landlord through reletting the Premises during said period (after deducting expenses incurred by Landlord as provided in Section 15.03). Actions to collect amounts due by Tenant as provided in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or more occasions, without the necessity of Landlord's right waiting until expiration of the Term and in no event shall Tenant be entitled to possession any excess of any rent obtained by reletting over and above the Rent provided for in this Lease.
(e) In the event of termination of the Lease or repossession of the Premises pursuant to the foregoing provisions for an event of this Lease, or has terminated the Lease by reason of Tenant's Default, Landlord shall not thereafter be obligated have any obligation to provide relet or attempt to relet the Premises, or any portion thereof, or to collect rental after reletting; and in the event of reletting Landlord may relet the whole or any portion of the Premises for any period, to any tenant and for any use and purpose.
(f) In the event of a Default, Tenant with a key shall in addition to all other sums owed to Landlord, pay to Landlord an amount equal to the Premises at dollar amount of all "concessions" provided to Tenant in connection with this Lease, including, but not limited to, rental concessions, above standard tenant improvements, relocation allowances, cash payments, any time; providedother unamortized tenant improvements, and the like. The foregoing shall not, however, that act to limit in any such instance, during Xxxxxxxx's normal business hours and at manner the convenience of Landlord, and upon the written request of Tenant accompanied by such written waivers and releases as the damages or remedies to which Landlord may requirebe entitled under this Lease or by law, Landlord will escort but shall act only as a reimbursement of such concessions as may have been provided to Tenant or its authorized personnel as an incentive to the Premises to retrieve any personal belongings or other property of Tenant not subject to the Landlord's lien or security interest described in Section 15.08enter into this Lease.
Appears in 1 contract
Samples: Lease (TaxMasters, Inc.)
RIGHTS UPON DEFAULT BY TENANT. (a) This Lease and the term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever there shall occur any event of Default, as enumerated above, Landlord may, at Landlord's option, without any notice or demand whatsoever (any such notice and demand being expressly waived by Tenant) in addition to any other remedy or right given hereunder or by law or equity do any one or more of the following:
(1) Terminate this Lease by written notice to Tenant, in which event Xxxxxx Tenant shall immediately surrender possession of the Premises to Landlord;
(2) Terminate XxxxxxTenant's right to possession of the Premises under this Lease without terminating the Lease itself, by written notice to Tenant, in which event Tenant shall immediately surrender possession of the Premises to Landlord;
(3) Enter upon and take possession of the Premises and expel or remove Tenant and any other occupant therefrom, with or without having terminated this Lease;
(4) Alter locks and other security devices at the Premises with or without having terminated this Lease or Tenant's right to possession under the Lease;
(5) In the event of any Default default described in subsection (b) of Section 15.01, Landlord shall have the right to enter upon the Premises by force if necessary without being liable for prosecution or any claim for damages therefortherefore, and do whatever Tenant is obligated to do under the terms of this Lease; and Xxxxxx Tenant agrees to reimburse Landlord on demand for the reasonable any expenses which Landlord may incur in thus effecting compliance with Tenant's obligations under this Lease, and Xxxxxx Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action.
(b) It is hereby expressly stipulated Exercise by Landlord and Tenant that of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the above listed actions includingPremises by Tenant, without limitationwhether by agreement or by operation of law, termination it being understood that such surrender can be effected only by the written agreement of this LeaseLandlord and Tenant. No such alteration of locks or other security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises shall be deemed unauthorized or constitute a conversion, termination Tenant hereby consenting, after any event of Default, to the aforesaid exercise of dominion over Tenant's right to possession, and property within the Premises. All claims for damages by reason of such re-entry and/or repossession and/or alteration of locks except for gross negligence or willful misconduct by Landlord or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. Tenant agrees that any re- entry by Landlord may be pursuant to a judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.
(i) In the event Landlord elects to terminate this Lease by reason of an event of Default, then notwithstanding such termination, the Tenant shall be liable for and shall pay to the Landlord, will not affect at the obligations address specified in Section 1.01(a) above, the sum of Tenant for all Rent accrued to the unexpired Term date of this Leasesuch termination, including plus, as damages, (1) an amount equal to the obligations to pay unaccrued monthly rentals and other charges total of the Rent provided in this Lease for the remaining portion of the Term of the Lease. The following provisions shall override and control any conflicting provisions of Lease (had such Term not been terminated by Landlord prior to the Expiration Date stated in Section 93.002 3.01), less the reasonable rental value of the Texas Property Code. If an Premises for such period, such amount to be discounted to present value at the rate of six percent (6%) per annum (the undersigned parties here stipulating that such reasonable rental shall in no event of Default occurs, Landlord is entitled and is hereby authorized, without any notice be deemed to Tenant whatsoever, to enter upon the Premises by use of a master key, a duplicate key, or other peaceable means, and to change, alter, and/or modify the door locks on all entry doors exceed 60% of the Premises, thereby permanently excluding Tenant, and its officers, principals, agents, employees, and representatives therefrom. present value of the Rent for such period).
(ii) In the event that Landlord has either terminated Xxxxxx's right elects to possession of the Premises pursuant to the foregoing provisions of terminate this Lease, or has terminated the Lease by reason of Tenant's an event of Default, in lieu of exercising the right of Landlord shall not thereafter be obligated to provide under the preceding subparagraph (I), Landlord may instead hold Tenant with a key liable for all Rent accrued to the date of such termination, plus such Rent as would otherwise have been required to be paid by Tenant to Landlord during the period following termination of the Term measured from the date of such termination by Landlord until the Expiration Date stated in Section 3.01 (had Landlord not elected to terminate the Lease on account of such event of Default) diminished by any net sums thereafter received by Landlord through reletting the Premises during said period (after deducting expenses incurred by Landlord as provided in Section 15.03 hereof). Actions to collect amounts due by Tenant as provided for in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or more occasions, without the necessity of Landlord's waiting until expiration of such period; If Landlord elects to exercise the remedy prescribed in this subparagraph (ii), this election shall in no way prejudice Landlord's right at any time; provided, however, that time thereafter to cancel said election in any such instance, during Xxxxxxxx's normal business hours and at favor of the convenience of Landlord, and upon remedy prescribed in the written request of Tenant accompanied by such written waivers and releases as the Landlord may require, Landlord will escort Tenant or its authorized personnel to the Premises to retrieve any personal belongings or other property of Tenant not subject to the Landlord's lien or security interest described in Section 15.08foregoing subparagraph (I).
Appears in 1 contract
RIGHTS UPON DEFAULT BY TENANT. (a) This Lease and the term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever there shall occur any event Event of Default, as enumerated above, Landlord may, at Landlord's ’s option, without any notice or demand whatsoever (any such notice and demand being expressly waived by Tenant) in addition to any other remedy or right given hereunder or by law or equity do any one or more of the following:
(1) Terminate this Lease by written notice to Tenant, in which event Xxxxxx Tenant shall immediately surrender possession of the Premises to Landlord;
(2) Terminate Xxxxxx's Tenant’s right to possession of the Premises under this Lease without terminating the Lease itself, by written notice to Tenant, in which event Tenant shall immediately surrender possession of the Premises to Landlord;
(3) Enter upon and take possession of the Premises and expel or remove Tenant and any other occupant therefrom, with or without having terminated this Lease;
(4) Alter locks and other security devices at the Premises with or without having terminated this Lease or Tenant's ’s right to possession under the Lease;
(5) In Upon the event occurrence of any an Event of Default described in subsection (b) of Section 15.01, Landlord shall have the right to enter upon the Premises by force if necessary without being liable for prosecution or any claim for damages therefortherefore, and do whatever Tenant is obligated to do under the terms of this Lease; and Xxxxxx Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance with Tenant's ’s obligations under this Lease, and Xxxxxx Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action.
(b) It is hereby expressly stipulated Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Premises by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant. No such alteration of locks or other security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over Tenant’s property within the Premises. All claims for damages by reason of such re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived, unless caused by the willful misconduct or gross negligence of Landlord, it’s officer’s, employees, agents, contractors, invitees, permittees, guests, or representatives, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. Tenant agrees that any of the above listed actions including, without limitation, termination of this Lease, termination of Tenant's right to possession, and re-entry by Landlord may be pursuant to a judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.
(i) In the event Landlord elects to terminate this Lease by reason of an Event of Default, then notwithstanding such termination, the Tenant shall be liable for and shall pay to the Landlord, will not affect at the obligations address specified in Section 1.01(a) above, the sum of Tenant for all Rent accrued to the unexpired Term date of this Leasesuch termination, including plus, as damages, (i) the obligations cost of recovering, re-renting, and reasonable remodeling the Premises and (ii) an amount equal to pay unaccrued monthly rentals and other charges the total of the Rent provided in this Lease for the remaining portion of the Term of the Lease (had such Term not been terminated by Landlord prior to the Expiration Date stated in Section 3.01), less the reasonable rental value of the Premises for such period, such amount to be discounted to present value at the rate of six percent (6%) per annum.
(ii) In the event Landlord elects to terminate this Lease by reason of an Event of Default, in lieu of exercising the right of Landlord under the preceding subparagraph (i), Landlord may instead hold Tenant liable for all Rent accrued to the date of such termination, plus such Rent as would otherwise have been required to be paid by Tenant to Landlord during the period following termination of the Term measured from the date of such termination by Landlord until the Expiration Date stated in Section 3.01 (had Landlord not elected to terminate the Lease on account of such Event of Default) diminished by any net sums thereafter received by Landlord through reletting the Premises during said period (after deducting expenses incurred by Landlord as provided in Section 15.03 hereof). Actions to collect amounts due by Tenant as provided for in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or more occasions, without the necessity of Landlord’s waiting until expiration of such period; and in no event shall Tenant be entitled to any excess of rent obtained by reletting over and above the rent provided for in this Lease. The following provisions If Landlord elects to exercise the remedy prescribed in this subparagraph (ii), this election shall override and control in no way prejudice Landlord’s right at any conflicting provisions of Section 93.002 time thereafter to cancel said election in favor of the Texas Property Code. If an event of Default occurs, Landlord is entitled and is hereby authorized, without any notice to Tenant whatsoever, to enter upon remedy prescribed in the Premises by use of a master key, a duplicate key, or other peaceable means, and to change, alter, and/or modify the door locks on all entry doors of the Premises, thereby permanently excluding Tenant, and its officers, principals, agents, employees, and representatives therefrom. foregoing subparagraph (i).
(d) In the event that Landlord has either terminated Xxxxxx's right elects to possession repossess the Premises without terminating the Lease, then Tenant shall be liable for and shall pay to Landlord at the address specified in Section 1.01(a) above, all Rent accrued to the date of such repossession, plus Rent required to be paid by Tenant to Landlord during the remainder of the Term until the Expiration Date of the Term as stated in Section 3.01, diminished by any net sums thereafter received by Landlord through reletting the Premises pursuant during said period (after deducting expenses incurred by Landlord as provided in Section 15.03). Actions to collect amounts due by Tenant as provided in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or more occasions, without the necessity of Landlord’s waiting until expiration of the Term and in no event shall Tenant be entitled to any excess of any rent obtained by reletting over and above the Rent provided for in this Lease.
(e) Upon the occurrence of an Event of Default, Tenant shall in addition to all other sums owed to Landlord, pay to Landlord an amount equal to the foregoing provisions unamortized dollar amount of all “concessions” provided to Tenant in connection with this Lease, or has terminated including, but not limited to, rental concessions, above standard tenant improvements, relocation allowances, cash payments, any other unamortized tenant improvements, and the Lease like. Such concessions shall be deemed amortized in equal amounts on a straight-line monthly basis for each of the months of the Initial Term in which Base Rent is actually paid by reason of Tenant's Default, Landlord Tenant The foregoing shall not thereafter be obligated to provide Tenant with a key to the Premises at any time; providednot, however, that act to limit in any such instance, during Xxxxxxxx's normal business hours and at manner the convenience of Landlord, and upon the written request of Tenant accompanied by such written waivers and releases as the damages or remedies to which Landlord may requirebe entitled under this Lease or by law, Landlord will escort but shall act only as a reimbursement of such concessions as may have been provided to Tenant or its authorized personnel as an incentive to the Premises to retrieve any personal belongings or other property of Tenant not subject to the Landlord's lien or security interest described in Section 15.08enter into this Lease.
Appears in 1 contract
Samples: Lease (Tesco Corp)
RIGHTS UPON DEFAULT BY TENANT. (a) This Lease and the term Term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever there shall occur any event of Default, as enumerated above, Landlord may, at Landlord's ’s option, without any additional notice or demand whatsoever (any such notice and demand being expressly waived by Tenant) and without judicial process, in addition to any other remedy or right given hereunder or by law or equity equity, do any one or more of the following:
(1) Terminate this Lease by written notice to Tenant, Tenant and draw upon the Letter of Credit called for in which event Xxxxxx shall immediately surrender possession Section 4.03 of the Premises to Landlord;
(2) Terminate Xxxxxx's right to possession of the Premises under this Lease without terminating in accordance with the Lease itself, by written notice to Tenantterms thereof, in which event Tenant shall immediately surrender possession of the Premises to Landlord;
(2) Terminate Tenant’s right to possession of the Premises under this Lease without terminating this Lease itself, by written notice to Tenant and draw upon the Letter of Credit called for in Section 4.03 of this Lease in accordance with the terms thereof, in which event Tenant shall immediately surrender possession of the Premises to Landlord; or
(3) Enter upon and take possession of the Premises in accordance with applicable laws and expel or remove Tenant and any other occupant therefromtherefrom and draw upon the Letter of Credit called for in Section 4.03 of this Lease in accordance with the terms thereof, with or without having terminated this Lease;.
(4b) Alter locks and other security devices at Any right of Tenant, through contract, statute or otherwise, to receive notice of Landlord’s intent to exercise any of Landlord’s remedies hereunder is hereby waived by Tenant. Any right of Tenant through contract, statute, or otherwise to cure any Default before Landlord may exercise any of its remedies hereunder is hereby waived by Tenant (however, Tenant does not waive the Premises with or without having terminated this Lease or Tenant's right to possession under the Lease;cure periods in Section 15.01 above).
(5c) In the event of any Default described in subsection (b) of Section 15.01, Landlord shall have the right to enter upon the Premises by force if necessary in accordance with applicable laws without being liable for prosecution or any claim for damages therefor, and do whatever Tenant is obligated to do under the terms of this Lease; and Xxxxxx Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance with Tenant's ’s obligations under this Lease, and Xxxxxx Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action.
(bd) It is hereby expressly stipulated by Landlord and Tenant that any of the above listed actions including, without limitation, termination of this Lease, termination of Tenant's ’s right to possession, and re-entry by Landlord, will not affect the obligations of Tenant for the unexpired Term of this Lease, including the obligations to pay unaccrued monthly rentals and other charges provided in this Lease for the remaining portion of the Term of the Lease. The following provisions .
(e) Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall override and control any conflicting provisions not be deemed to be an acceptance of Section 93.002 surrender of the Texas Property CodePremises by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord. If No such alteration of locks or other security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any event of Default, to the aforesaid exercise of dominion over Tenant’s property within the Premises. All claims for damages by reason of such re-entry and/or repossession and/or alteration of locks or other security devices in accordance with applicable laws are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. Tenant agrees that any re-entry by Landlord may be pursuant to a judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings but in accordance with all applicable laws, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.
(f) In the event Landlord elects to terminate this Lease by reason of an event of Default occursDefault, then notwithstanding such termination, the Tenant shall be liable for and shall pay to the Landlord, at the address specified in Section 1.01(a) above, the sum of all Rent accrued to the date of such termination, plus, as damages, the reasonable cost of recovering and reletting the Premises for its current use (not costs of renovating for a different use), and an amount equal to the total of the Rent provided in this Lease for the remaining portion of the Term of the Lease (had such Term not been terminated by Landlord prior to the Expiration Date stated in Section 3.01), less the reasonable rental value of the Premises for such period; such amount to be discounted to present value at the rate of six percent (6%) per annum. In no event shall Tenant be liable for concessions or allowances given a replacement tenant. In the event Landlord elects to terminate this Lease by reason of an event of Default, in lieu of exercising the right of Landlord under the preceding paragraph, Landlord is entitled and is hereby authorizedmay instead hold Tenant liable for all Rent accrued to the date of such termination, plus such Rent as would otherwise have been required to be paid by Tenant to Landlord during the period following termination of the Term measured from the date of such termination by Landlord until the Expiration Date stated in Section 3.01 (had Landlord not elected to terminate the Lease on account of such event of Default) diminished by any net sums thereafter received by Landlord through reletting the Premises during said period (after deducting reasonable expenses incurred by Landlord as provided in Section 15.03 hereof). Actions to collect amounts due by Tenant as provided for in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or more occasions, without the necessity of Landlord’s waiting until expiration of such period; and in no event shall Tenant be entitled to any notice excess of rent obtained by reletting over and above the Rent provided for in this Lease. If Landlord elects to Tenant whatsoeverexercise the remedy prescribed in this paragraph, this election shall in no way prejudice Landlord’s right at any time hereafter to enter upon the Premises by use of a master key, a duplicate key, or other peaceable means, and to change, alter, and/or modify the door locks on all entry doors cancel said election in favor of the Premises, thereby permanently excluding Tenant, and its officers, principals, agents, employees, and representatives therefrom. remedy prescribed in the foregoing paragraph.
(g) In the event that Landlord has either terminated Xxxxxx's right elects to possession of repossess the Premises pursuant to the foregoing provisions of without terminating this Lease, then Tenant shall be liable for and shall pay to Landlord at the address specified in Section 1.01(a) above, all Rent accrued to the date of such repossession, plus Rent required to be paid by Tenant to Landlord during the remainder of the Term until the Expiration Date of the Term as stated in Section 3.01, diminished by any net sums thereafter received by Landlord through reletting the Premises during said period (after deducting reasonable expenses incurred by Landlord as provided in Section 15.03). Actions to collect amounts due by Tenant as provided in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or has terminated more occasions, without the Lease necessity of Landlord’s waiting until expiration of the Term and in no event shall Tenant be entitled to any excess of any rent obtained by reason of Tenant's Default, reletting over and above the Rent provided for in this Lease.
(h) Landlord shall not thereafter be obligated exercise reasonable efforts to provide Tenant with mitigate its damages arising from a key to the Premises at any time; provided, however, that in any such instance, during Xxxxxxxx's normal business hours and at the convenience of Landlord, and upon the written request Default of Tenant accompanied by such written waivers and releases as the Landlord may require, Landlord will escort Tenant or its authorized personnel to the Premises to retrieve any personal belongings or other property of Tenant not subject to the Landlord's lien or security interest described in Section 15.08hereunder.
Appears in 1 contract
Samples: Lease (I2 Technologies Inc)
RIGHTS UPON DEFAULT BY TENANT. (a) This Lease and the term Term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever there shall occur any event of Default, as enumerated above, Landlord may, at Landlord's option, without any additional notice or demand whatsoever (any such notice and demand being expressly waived by Tenant) and without judicial process, in addition to any other remedy or right given hereunder or by law or equity equity, do any one or more of the following:
(1) Terminate this Lease by written notice to Tenant, Tenant and draw upon the Letter of Credit called for in which event Xxxxxx shall immediately surrender possession Section 4.03 of the Premises to Landlord;
(2) Terminate Xxxxxx's right to possession of the Premises under this Lease without terminating in accordance with the Lease itself, by written notice to Tenantterms thereof, in which event Tenant shall immediately surrender possession of the Premises to Landlord;
(2) Terminate Tenant's right to possession of the Premises under this Lease without terminating this Lease itself, by written notice to Tenant and draw upon the Letter of Credit called for in Section 4.03 of this Lease in accordance with the terms thereof, in which event Tenant shall immediately surrender possession of the Premises to Landlord; or
(3) Enter upon and take possession of the Premises in accordance with applicable laws and expel or remove Tenant and any other occupant therefromtherefrom and draw upon the Letter of Credit called for in Section 4.03 of this Lease in accordance with the terms thereof, with or without having terminated this Lease;.
(4b) Alter locks and other security devices at Any right of Tenant, through contract, statute or otherwise, to receive notice of Landlord's intent to exercise any of Landlord's remedies hereunder is hereby waived by Tenant. Any right of Tenant through contract, statute, or otherwise to cure any Default before Landlord may exercise any of its remedies hereunder is hereby waived by Tenant (however, Tenant does not waive the Premises with or without having terminated this Lease or Tenant's right to possession under the Lease;cure periods in Section 15.01 above).
(5c) In the event of any Default described in subsection (b) of Section 15.01, Landlord shall have the right to enter upon the Premises by force if necessary in accordance with applicable laws without being liable for prosecution or any claim for damages therefor, and do whatever Tenant is obligated to do under the terms of this Lease; and Xxxxxx Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance with Tenant's obligations under this Lease, and Xxxxxx Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action.
(bd) It is hereby expressly stipulated by Landlord and Tenant that any of the above listed actions including, without limitation, termination of this Lease, termination of Tenant's right to possession, and re-entry by Landlord, will not affect the obligations of Tenant for the unexpired Term of this Lease, including the obligations to pay unaccrued monthly rentals and other charges provided in this Lease for the remaining portion of the Term of the Lease. The following provisions .
(e) Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall override and control any conflicting provisions not be deemed to be an acceptance of Section 93.002 surrender of the Texas Property CodePremises by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord. If No such alteration of locks or other security devices and no removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises shall be deemed unauthorized or constitute a conversion, Tenant hereby consenting, after any event of Default, to the aforesaid exercise of dominion over Tenant's property within the Premises. All claims for damages by reason of such re-entry and/or repossession and/or alteration of locks or other security devices in accordance with applicable laws are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. Tenant agrees that any re-entry by Landlord may be pursuant to a judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings but in accordance with all applicable laws, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.
(f) In the event Landlord elects to terminate this Lease by reason of an event of Default occursDefault, then notwithstanding such termination, the Tenant shall be liable for and shall pay to the Landlord, at the address specified in Section 1.01(a) above, the sum of all Rent accrued to the date of such termination, plus, as damages, the reasonable cost of recovering and reletting the Premises for its current use (not costs of renovating for a different use), and an amount equal to the total of the Rent provided in this Lease for the remaining portion of the Term of the Lease (had such Term not been terminated by Landlord prior to the Expiration Date stated in Section 3.01), less the reasonable rental value of the Premises for such period; such amount to be discounted to present value at the rate of six percent (6%) per annum. In no event shall Tenant be liable for concessions or allowances given a replacement tenant. In the event Landlord elects to terminate this Lease by reason of an event of Default, in lieu of exercising the right of Landlord under the preceding paragraph, Landlord is entitled and is hereby authorizedmay instead hold Tenant liable for all Rent accrued to the date of such termination, plus such Rent as would otherwise have been required to be paid by Tenant to Landlord during the period following termination of the Term measured from the date of such termination by Landlord until the 36 44 Expiration Date stated in Section 3.01 (had Landlord not elected to terminate the Lease on account of such event of Default) diminished by any net sums thereafter received by Landlord through reletting the Premises during said period (after deducting reasonable expenses incurred by Landlord as provided in Section 15.03 hereof). Actions to collect amounts due by Tenant as provided for in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or more occasions, without the necessity of Landlord's waiting until expiration of such period; and in no event shall Tenant be entitled to any notice excess of rent obtained by reletting over and above the Rent provided for in this Lease. If Landlord elects to Tenant whatsoeverexercise the remedy prescribed in this paragraph, this election shall in no way prejudice Landlord's right at any time hereafter to enter upon the Premises by use of a master key, a duplicate key, or other peaceable means, and to change, alter, and/or modify the door locks on all entry doors cancel said election in favor of the Premises, thereby permanently excluding Tenant, and its officers, principals, agents, employees, and representatives therefrom. remedy prescribed in the foregoing paragraph.
(g) In the event that Landlord has either terminated Xxxxxx's right elects to possession of repossess the Premises pursuant to the foregoing provisions of without terminating this Lease, then Tenant shall be liable for and shall pay to Landlord at the address specified in Section 1.01(a) above, all Rent accrued to the date of such repossession, plus Rent required to be paid by Tenant to Landlord during the remainder of the Term until the Expiration Date of the Term as stated in Section 3.01, diminished by any net sums thereafter received by Landlord through reletting the Premises during said period (after deducting reasonable expenses incurred by Landlord as provided in Section 15.03). Actions to collect amounts due by Tenant as provided in this paragraph may be brought from time to time by Landlord during the aforesaid period, on one or has terminated more occasions, without the Lease necessity of Landlord's waiting until expiration of the Term and in no event shall Tenant be entitled to any excess of any rent obtained by reason of Tenant's Default, reletting over and above the Rent provided for in this Lease.
(h) Landlord shall not thereafter be obligated exercise reasonable efforts to provide Tenant with mitigate its damages arising from a key to the Premises at any time; provided, however, that in any such instance, during Xxxxxxxx's normal business hours and at the convenience of Landlord, and upon the written request Default of Tenant accompanied by such written waivers and releases as the Landlord may require, Landlord will escort Tenant or its authorized personnel to the Premises to retrieve any personal belongings or other property of Tenant not subject to the Landlord's lien or security interest described in Section 15.08hereunder.
Appears in 1 contract
Samples: Lease (I2 Technologies Inc)
RIGHTS UPON DEFAULT BY TENANT. (a) This Lease and the term Term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever there shall occur any event of Default, as enumerated above, Landlord may, at Landlord's option, without any notice or demand whatsoever (any such notice and demand being expressly waived by Tenant) and without judicial process, except as specified herein or as required by law, in addition to any other remedy or right given hereunder or by law or equity do any one or more of the following:
(1) Terminate this Lease by written notice to Tenant, in which event Xxxxxx Tenant shall immediately surrender possession of the Premises to Landlord;
(2) Terminate XxxxxxTenant's right to possession of the Premises under this Lease without terminating the Lease itself, by written notice to Tenant, in which event Tenant shall immediately surrender possession of the Premises to Landlord;
(3) Enter upon and take possession of the Premises and expel or remove Tenant and any other occupant therefrom, with or without having terminated this Lease;
(4) Alter locks and other security devices at the Premises so that Tenant will not have access to the Premises with or without having terminated this Lease or Tenant's right to possession under the LeaseLease (provided, that Landlord's rights under this Subsection 15.02(a)(4) may only be exercised in the case of a monetary default hereunder);
(5) In the event of any Default described in subsection (b) of Section 15.01, Landlord shall have the right to enter upon the Premises by force if necessary without being liable for prosecution or any claim for damages therefor, lawful means and do whatever Tenant is obligated to do under the terms of this Lease; and Xxxxxx Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may reasonably incur in thus effecting compliance with Tenant's obligations under this Lease, and Xxxxxx Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such actionaction (excluding Landlord's negligence and willful misconduct).
(b) It is hereby expressly stipulated by Landlord and Tenant that any of the above listed actions including, without limitation, termination of this Lease, termination of Tenant's right to possession, and re-entry by Landlord, will not affect the obligations of Tenant for the unexpired Term of this Lease, including the obligations to pay unaccrued monthly rentals Rent and other charges provided in this Lease for the remaining portion of the Term of the Lease. The following provisions .
(c) Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall override and control any conflicting provisions not be deemed to be an acceptance of Section 93.002 surrender of the Texas Property CodePremises by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord. If No authorized alteration of locks or other security devices and no permitted removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises shall be deemed unauthorized or constitute a conversion. All claims for damages by reason of such re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process (in each instance excluding Landlord's negligence willful misconduct). Tenant agrees that any re-entry by Landlord may be pursuant to a judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be liable in trespass or otherwise.
(d) In the event Landlord elects to terminate this Lease by reason of an event of Default occursDefault, Landlord is entitled then notwithstanding such termination, the Tenant shall be liable for and is hereby authorizedshall pay to the Landlord, without any notice at the address specified in Section 1.01(a) above, the sum of all Rent accrued to Tenant whatsoeverthe date of such termination, to enter upon plus, as damages, the Premises by use cost of a master keyrecovering, a duplicate key, or other peaceable means, reletting and to change, alter, and/or modify the door locks on all entry doors of remodeling the Premises, thereby permanently excluding Tenantand an amount equal to the total of the Rent provided in this Lease for the remaining portion of the Term of the Lease (had such Term not been terminated by Landlord prior to the Expiration Date stated in Section 3.01), and its officersless the reasonable rental value of the Premises for such period, principals, agents, employees, and representatives therefromsuch amount to be discounted to present value at the rate of six percent (6%) per annum. In the event that Landlord has either terminated Xxxxxx's right elects to possession of the Premises pursuant to the foregoing provisions of terminate this Lease, or has terminated the Lease by reason of Tenant's an event of Default, in lieu of exercising the right of Landlord shall not thereafter be obligated to provide under the preceding paragraph, Landlord may instead hold Tenant with a key liable for all Rent accrued to the Premises at any time; provideddate of such termination, however, that in any plus such instance, Rent as would otherwise have been required to be paid by Tenant to Landlord during Xxxxxxxx's normal business hours and at the convenience period following termination of Landlord, and upon the written request Term measured from the date of Tenant accompanied such termination by such written waivers and releases as Landlord until the Landlord may require, Landlord will escort Tenant or its authorized personnel to the Premises to retrieve any personal belongings or other property of Tenant not subject to the Landlord's lien or security interest described Expiration Date stated in Section 15.083.01 (had Landlord not elected to terminate the Lease on account of such event of Default) Home Interiors & Gifts, Inc. Granite Tower at The Centre, 8/17/1999
Appears in 1 contract
RIGHTS UPON DEFAULT BY TENANT. (a) This Lease and the term Term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever there shall occur any event of Default, as enumerated above, Landlord may, at Landlord's option, without any notice or demand whatsoever (any such notice and demand being expressly waived by Tenant) and without judicial process, in addition to any other remedy or right given hereunder or by law or equity do any one or more of the following:
(1) Terminate this Lease by written notice to Tenant, in which event Xxxxxx Tenant shall immediately surrender possession of the Premises to Landlord;
(2) Terminate XxxxxxTenant's right to possession of the Premises under this Lease without terminating the Lease itself, by written notice to Tenant, in which event Tenant shall immediately surrender possession of the Premises to Landlord;
(3) Enter upon and take possession of the Premises and expel or remove Tenant and any other occupant therefrom, with or without having terminated this Lease;
(4) Alter locks and other security devices at the Premises so that Tenant will not have access to the Premises with or without having terminated this Lease or Tenant's right to possession under the Lease;
(5) Apply all or any portion of the Security Deposit to cure such event of Default;
(6) Any right of Tenant through contract, statute or otherwise to receive notice of Landlord's intent to exercise any of Landlord's remedies hereunder is hereby waived by Tenant. Any right of Tenant through contract, statute, or otherwise to cure any Default before Landlord may exercise any of its remedies hereunder is hereby waived by Tenant.
(7) In the event of any Default described in subsection (b) of Section 15.01, Landlord shall have the right to enter upon the Premises by force if necessary without being liable for prosecution or any claim for damages therefor, and do whatever Tenant is obligated to do under the terms of this Lease; and Xxxxxx Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance with Tenant's obligations under this Lease, and Xxxxxx Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action.
(b) It is hereby expressly stipulated by Landlord and Tenant that any of the above listed actions including, without limitation, termination of this Lease, termination of Tenant's right to possession, and re-entry by Landlord, will not affect the obligations of Tenant for the unexpired Term of this Lease, including the obligations to pay unaccrued monthly rentals and other charges provided in this Lease for the remaining portion of the Term of the Lease. The following provisions shall override and control any conflicting provisions of Section 93.002 of the Texas Property Code. If an event of Default occurs, Landlord is entitled and is hereby authorized, without any notice to Tenant whatsoever, to enter upon the Premises by use of a master key, a duplicate key, or other peaceable means, and to change, alter, and/or modify the door locks on all entry doors of the Premises, thereby permanently excluding Tenant, and its officers, principals, agents, employees, and representatives therefrom. In the event that Landlord has either terminated Xxxxxx's right to possession of the Premises pursuant to the foregoing provisions of this Lease, or has terminated the Lease by reason of Tenant's Default, Landlord shall not thereafter be obligated to provide Tenant with a key to the Premises at any time; provided, however, that in any such instance, during Xxxxxxxx's normal business hours and at the convenience of Landlord, and upon the written request of Tenant accompanied by such written waivers and releases as the Landlord may require, Landlord will escort Tenant or its authorized personnel to the Premises to retrieve any personal belongings or other property of Tenant not subject to the Landlord's lien or security interest described in Section 15.0893.
Appears in 1 contract
Samples: Office Lease (Ivg Corp)
