SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce the Lease, or restrain or enjoin a violation or breach of any provision hereof, and (ii) to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained In this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall be immediately due and payable (in which event, Tenant's Prorata Share of Taxes and Operating Expenses for the remainder of the Term shall be projected based upon the average rate of increase, if any, in such items from the Commencement Date through the date of such declaration); provided, Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual Not Re-Letting Proceeds thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract
Samples: Agreement (Corechange Inc)
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. During the continuation of a Default, Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), right without prior demand or notice except as required by applicable LawLaw to: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce the Lease, this Sublease or restrain or enjoin a violation or breach of any provision hereof, and Subtenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) to xxx sue for and collect any unpaid Rent which has accrued. Notwithstanding anything Notwithstandinx xnything to the contrary contained In in this LeaseSublease, to the extent not expressly prohibited by applicable Law, in during the event continuation of any Default by Tenant not cured within any applicable time for cure hereunderSubtenant, Landlord may terminate this Lease Sublease or TenantSubtenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall to be immediately due and payable (in which event, TenantSubtenant's Prorata Share of obligations for Taxes and Operating Expenses for the remainder of the Term that would have accrued thereafter shall be projected based upon in the average manner described in Section B (1), above); provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of increasefour percent (4%) per annum to the then present value, if any, in such items from the Commencement Date through the date of such declaration); provided, and Landlord shall, after receiving payment of the same from TenantSubtenant, be obligated to turn over to Tenant Subtenant any actual Not Re-Letting Proceeds net reletting proceeds (net of all Costs of Reletting) thereafter received during the remainder of the Term, up to the amount so received from Tenant Subtenant pursuant to this provision.
Appears in 1 contract
Samples: Office Sublease (Baker Michael Corp)
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B)) above, above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce the this Lease, or restrain or enjoin a violation or breach of any provision hereof, and (ii) to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained In in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall be immediately due and payable to the extent provided by law (in which event, Tenant's Prorata Share of Taxes Operating Expenses, and Operating Expenses for the remainder of the Term shall be projected based upon the average rate of increase, if any, in such items from the Commencement Date through the date of such declaration); provided, Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual Not Net Re-Letting Proceeds thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract
Samples: Lease Agreement (Infocure Corp)
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights right and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B)Article 23.02 above, above or any Law or other -------- --------- Tenant Landlord provision of this Lease), without prior demand or notice except as required by applicable LawLaw to: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce the this Lease, or restrain or enjoin a violation or breach of any provision hereof, and (ii) to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained In in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall be immediately due and payable (in which event, Tenant's Prorata Pro Rata Share of Taxes and Operating Expenses for the remainder of the Term shall be projected based upon the average rate of increase, if any, in such items from the Commencement Date through the date of such declaration); provided, provided Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual Not Re-Letting Net Reletting Proceeds thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract
Samples: Office Lease (Unison Software Inc)
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), right without prior demand or notice except as required by applicable LawLaw to: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce the Lease, this Lease or restrain or enjoin a violation or breach of any provision hereof, and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained In in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant not cured within any applicable time for cure hereunderTenant, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall to be immediately due and payable (in which event, Tenant's Prorata Share of obligations for Taxes and Operating Expenses for the remainder of the Term that would have accrued thereafter shall be projected based upon in the average manner described in Section B (1), above); provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of increasefour percent (4%) per annum to the then present value, if any, in such items from the Commencement Date through the date of such declaration); provided, and Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual Not Re-Letting Proceeds net reletting proceeds (net of all Costs of Reletting) thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract
Samples: Cutter & Buck Inc
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), right without prior demand or notice except as required by applicable LawLaw to: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce the Lease, this Lease or restrain or enjoin a violation or breach of any provision hereof, and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained In in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant not cured within any applicable time for cure hereunderTenant, Landlord may terminate this Lease or Tenant's ’s right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall to be immediately due and payable (in which event, Tenant's Prorata Share of ’s obligations for Taxes and Operating Expenses for the remainder of the Term that would have accrued thereafter shall be projected based upon in the average manner described in Section B (1), above); provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of increasefour percent (4%) per annum to the then present value, if any, in such items from the Commencement Date through the date of such declaration); provided, and Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual Not Re-Letting Proceeds net reletting proceeds (net of all Costs of Reletting) thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract
Samples: Office Lease (Pixelworks Inc)
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce the this Lease, or restrain or enjoin a violation or breach of any provision hereof, and (ii) to xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained In in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall be immediately due and payable (in which event, Tenant's Prorata Share of Taxes and Operating Expenses for the remainder of the Term shall be projected based upon the average rate of increase, if any, in such items from the Commencement Date through the date of such declaration), and such amount shall be discounted to present value at an interest rate equal to the average yield on United States Treasury securities having a maturity date closest to the Expiration Date; provided, Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual Not Net Re-Letting Proceeds thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract
Samples: Office Lease (Participate Com Inc)
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), above or any Law or other provision of this Lease), right without prior demand or notice except as required by applicable LawLaw to: (i) to seek any declaratory, injunctive or other equitable relief, . and specifically specifically: enforce the Lease, this Lease or restrain or enjoin a violation or breach of any provision hereof: and Tenant hereby waives any right to require that Landlord post a bond or other security in connection therewith, and (ii) to xxx sxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained In in this Lease, to the extent not expressly prohibited by applicable Law, . in the event of of' any Default by Tenant not cured within any applicable time for cure hereunderTenant, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of or the Term shall Terra to be immediately due and payable (in which event, Tenant's Prorata Share of obligations for Taxes and Operating Expenses for the remainder of the Term that would have accrued thereafter shall be projected based upon in the average manner described in Section B(1), above): provided the Rent so accelerated shall be discounted in accordance with accepted financial practice at the rate of increase!bur percent (4%) per annum to the then present value, if any, in such items from the Commencement Date through the date of such declaration); provided, and Landlord shall, . after receiving payment of the die same from Tenant, be obligated to turn over to Tenant any actual Not Re-Letting Proceeds net relating proceeds (net of all Costs Reletting) thereafter received during the remainder of or the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B)) above, above or any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law: (i) to seek any declaratory, injunctive or other equitable relief, and specifically enforce the this Lease, or restrain or enjoin a violation or breach of any provision hereof, and (ii) to sue xxx for and collect any unpaid Rent which has accrued. Notwithstanding anything to the contrary contained In in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall be immediately due and payable to the extent provided by law (in which event, Tenant's Prorata Share of Taxes Operating Expenses, and Operating Expenses for the remainder of the Term shall be projected based upon the average rate of increase, if any, in such items from the Commencement Date through the date of such declaration); provided, Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual Not Net Re-Letting Proceeds thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract
Samples: Lease Agreement (Infocure Corp)
SPECIFIC PERFORMANCE, COLLECTION OF RENT AND ACCELERATION. Landlord shall at all times have the rights and remedies (which shall be cumulative with each other and cumulative and in addition to those rights and remedies available under Paragraph (B), ) above or under any Law or other provision of this Lease), without prior demand or notice except as required by applicable Law: (i) to seek any declaratory, injunctive or other equitable relief, and to specifically enforce the this Lease, or and to restrain or enjoin a violation or breach of any provision hereof, ; and (ii) to xxx sue for and collect any unpaid Rent which has accrued. Notwithstanding anything Notwithstandinx xnything to the contrary contained In in this Lease, to the extent not expressly prohibited by applicable Law, in the event of any Default by Tenant not cured within any applicable time for cure hereunder, Landlord may terminate this Lease or Tenant's right to possession and accelerate and declare that all Rent reserved for the remainder of the Term shall be immediately due and payable (in which event, Tenant's Prorata Share of Taxes and Operating Expenses for the remainder of the Term shall be projected projected, based upon the average rate of increase, if any, in such items from the Commencement Date through the date of such declaration); provided, Landlord shall, after receiving payment of the same from Tenant, be obligated to turn over to Tenant any actual Not Net Re-Letting Proceeds thereafter received during the remainder of the Term, up to the amount so received from Tenant pursuant to this provision.
Appears in 1 contract