Common use of Second Trial Fee Clause in Contracts

Second Trial Fee. In the event that (i) Tenant appeals a judgment of a magistrate and (ii) Landlord proves that Tenant is in default of the lease at the new trial and (iii) Landlord obtains a judgment against Tenant at the new trial, Tenant shall owe Landlord - in lieu of the Complaint Filing Fee and the Court Appearance Fee - a Second Trial Fee equal to 12% of the monthly rent, and said Fee shall be in addition to late fees, court costs, attorney's fees, and any other monetary damages or costs arising under the terms of this Agreement. If the Total Monthly Rent is subsidized by a government entity, the Second Trial Fee will be 12% of Tenant's share of Total Monthly Rent. Tenant understands and agrees that Tenant will owe Landlord the Second Trial Fee if Landlord elects to allow Tenant to cure the default after judgment is entered at the new trial, and Tenant also agrees that Landlord may require Tenant to pay said Fee as a condition of allowing Tenant, at Landlord's discretion, to cure a default after the new trial. In addition to any other remedies and Landlord's rights hereunder, Tenant shall pay all reasonable fees, costs and expenses (including, but not limited to, reasonable attorneys' fees, costs and expenses if permitted by prevailing law) which shall be incurred or expended by Landlord due to Tenant's breach of this Lease, for enforcement of this Lease, for recovery of possession of the Apartment Unit, and for recovery of Rent or other sums due under this Lease if permitted by prevailing law. Any Rent or damages which remain unpaid after default shall bear interest at the rate of 8% per annum or the highest rate allowable under prevailing law.

Second Trial Fee. In the event that (i) Tenant appeals a judgment of a magistrate and (ii) Landlord proves that Tenant is in default of the lease at the new trial and (iii) Landlord obtains a judgment against Tenant at the new trial, Tenant shall owe Landlord - – in lieu of the Complaint Filing Fee and the Court Appearance Fee - – a Second Trial Fee equal to twelve percent (12% %) of the monthly rent, and said Fee shall be in addition to late fees, court costs, attorney's ’s fees, and any other monetary damages or costs arising under the terms of this Agreement. If the Total Monthly Rent is subsidized by a government entity, the Second Trial Fee will be 12% of Tenant's ’s share of Total Monthly Rent. Tenant Xxxxxx understands and agrees that Tenant will owe Landlord the Second Trial Fee if Landlord elects to allow Tenant Xxxxxx to cure the default after judgment is entered at the new trial, and Tenant Xxxxxx also agrees that Landlord may require Tenant to pay said Fee Xxx as a condition of allowing TenantXxxxxx, at Landlord's Xxxxxxxx’s discretion, to cure a default after the new trial. In addition to any other remedies and Landlord's Xxxxxxxx’s rights hereunder, Tenant shall pay all reasonable fees, costs and expenses (including, but not limited to, reasonable attorneys' ’ fees, costs and expenses if permitted by prevailing law) which shall be incurred or expended by Landlord due to Tenant's ’s breach of this Lease, for enforcement of this Lease, for recovery of possession of the Apartment Unit, and for recovery of Rent or other sums due under this Lease if permitted by prevailing law. Any Rent or damages which remain unpaid after default shall bear interest at the rate of 8% per annum or the highest rate allowable under prevailing law.

Second Trial Fee. In the event that (i) Tenant appeals a judgment of a magistrate and (ii) Landlord proves that Tenant is in default of the lease at the new trial and (iii) Landlord obtains a judgment against Tenant at the new trial, Tenant shall owe Landlord - – in lieu of the Complaint Filing Fee and the Court Appearance Fee - – a Second Trial Fee equal to twelve percent (12% %) of the monthly rent, and said Fee shall be in addition to late fees, court costs, attorney's ’s fees, and any other monetary damages or costs arising under the terms of this Agreement. If the Total Monthly Rent is subsidized by a government entity, the Second Trial Fee will be 12% of Tenant's ’s share of Total Monthly Rent. Tenant understands and agrees that Tenant will owe Landlord the Second Trial Fee if Landlord elects to allow Tenant to cure the default after judgment is entered at the new trial, and Tenant also agrees that Landlord may require Tenant to pay said Fee as a condition of allowing Tenant, at Landlord's ’s discretion, to cure a default after the new trial. In addition to any other remedies and Landlord's ’s rights hereunder, Tenant shall pay all reasonable fees, costs and expenses (including, but not limited to, reasonable attorneys' ’ fees, costs and expenses if permitted by prevailing law) which shall be incurred or expended by Landlord due to Tenant's ’s breach of this Lease, for enforcement of this Lease, for recovery of possession of the Apartment Unit, and for recovery of Rent or other sums due under this Lease if permitted by prevailing law. Any Rent or damages which remain unpaid after default shall bear interest at the rate of 8% per annum or the highest rate allowable under prevailing law.