Common use of Terminate Tenant’s Right of Possession Clause in Contracts

Terminate Tenant’s Right of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the date of termination of possession, (2) all amounts due from time to time under Section 20.2, and (3) all Rent and other sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period. LANDLORD AND TENANT AGREE THAT LANDLORD HAS A DUTY TO MITIGATE LANDLORD’S DAMAGES, WHICH DUTY INCLUDES USING COMMERCIALLY REASONABLE EFFORTS TO RELET THE PREMISES. LANDLORD DOES NOT WARRANT THAT SUCH MITIGATION EFFORTS WILL SUCCEED. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may bring action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Actions to collect amounts due by Tenant to Landlord under this subsection may be brought from time to time on one or more occasions, without the necessity of Landlord waiting until the Expiration Date of this Lease. Unless Landlord delivers written notice to Tenant expressly stating that Landlord has elected to terminate this Lease, all actions taken by Landlord to exclude or dispossess Tenant of the Premises shall be deemed to be taken under this subsection. If Landlord elects to proceed under this Section 20.1.2, it may at any time elect to terminate this Lease under Section 20.1.1; or

Appears in 2 contracts

Samples: Commercial Industrial Lease Agreement (Li-Cycle Holdings Corp.), Commercial Industrial Lease Agreement (Li-Cycle Holdings Corp.)

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Terminate Tenant’s Right of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the date of termination of possession, (2) all amounts due from time to time under Section 20.2, and (3) all Rent and other sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period. LANDLORD AND TENANT AGREE THAT LANDLORD HAS A DUTY TO MITIGATE LANDLORD’S DAMAGESLandlord shall use commercially reasonable efforts (consistent with applicable law) to mitigate its damages after an Event of Default by Tenant; provided, WHICH DUTY INCLUDES USING COMMERCIALLY REASONABLE EFFORTS TO RELET THE PREMISEShowever, Landlord does not guaranty that any such mitigation efforts shall be successful. LANDLORD DOES NOT WARRANT THAT SUCH MITIGATION EFFORTS WILL SUCCEEDFurther, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building, and Tenant’s obligations hereunder shall not be diminished because of Landlord’s failure to relet the Premises or to collect Rent due for a reletting. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may may, from time to time, bring action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Actions to collect amounts due by Tenant to Landlord under this subsection may be brought from time to time on one or more occasions, without the necessity of Landlord waiting until the Expiration Date of this Lease. Unless Landlord delivers written notice to Tenant expressly stating that Landlord it has elected to terminate this Lease, all actions taken by Landlord to exclude or dispossess Tenant of the Premises shall be deemed to be taken under this subsection. If Landlord elects to proceed under this Section 20.1.2, it may at any time elect to terminate this Lease under Section 20.1.1; or

Appears in 2 contracts

Samples: Commercial Industrial Lease Agreement (Everspin Technologies Inc), Commercial Lease Agreement (Crossroads Systems Inc)

Terminate Tenant’s Right of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the date of termination of possession, (2) all amounts due from time to time under Section 20.2, and (3) all Rent and other sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period. LANDLORD AND TENANT AGREE THAT LANDLORD HAS A DUTY TO MITIGATE LANDLORD’S DAMAGESLandlord shall not be obligated to relet the Premises before leasing other portions of the Building, WHICH DUTY INCLUDES USING COMMERCIALLY REASONABLE EFFORTS TO RELET THE PREMISES. LANDLORD DOES NOT WARRANT THAT SUCH MITIGATION EFFORTS WILL SUCCEEDand Tenant’s obligations hereunder shall not be diminished because of Landlord’s failure to relet the Premises or to collect Rent due for a reletting. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; ratherrather Landlord may, Landlord may from time to time, bring action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Actions to collect amounts due by Tenant to Landlord under this subsection may be brought from time to time on one or more occasions, without the necessity of Landlord waiting until the Expiration Date of this Lease. Unless Landlord delivers written notice to Tenant expressly stating that Landlord it has elected to terminate this Lease, all actions taken by Landlord to exclude or dispossess Tenant of the Premises shall be deemed to be taken under this subsection. If Landlord elects to proceed under this Section 20.1.2, it may at any time elect to terminate this Lease under Section 20.1.1; or

Appears in 1 contract

Samples: Sublease Agreement (Legalzoom Com Inc)

Terminate Tenant’s Right of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (1) all Rent and other amounts accrued and unpaid hereunder up to and including the date of termination of possession, (2) ) all other amounts then due and unpaid from time to time under Section 20.2this Lease, and (3) all Rent and other sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period; in any such reletting, Tenant shall be relieved of its obligations under this Lease as of the date of such reletting (however, Tenant shall remain liable for any monetary deficiencies). LANDLORD AND TENANT AGREE THAT LANDLORD HAS A DUTY TO MITIGATE LANDLORD’S DAMAGESTenant hereby acknowledges that (i) Landlord may reasonably elect to lease other comparable available space in the Building, WHICH DUTY INCLUDES USING COMMERCIALLY REASONABLE EFFORTS TO RELET THE PREMISES. LANDLORD DOES NOT WARRANT THAT SUCH MITIGATION EFFORTS WILL SUCCEEDor in other buildings owned by Landlord or Landlord’s Affiliates, before reletting the Premises, (ii) Landlord need not enter into any new lease that Landlord does not reasonably deem to be acceptable, and (iii) Landlord may decline to incur expenses to relet, other than customary leasing commissions and legal fees for negotiation of a lease with a new tenant. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder, except such excesses shall be used to offset any additional amounts payable by Tenant under this Section 19. Reentry by Landlord in to the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may may, from time to time, bring action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Actions to collect amounts due by Tenant to Landlord under this subsection may be brought from time to time on one or more occasions, without the necessity of Landlord waiting until the Expiration Date of this Lease. Unless Landlord delivers written notice to Tenant expressly stating that Landlord it has elected to terminate this Lease, all actions taken by Landlord to exclude or dispossess Tenant of the Premises shall be deemed to be taken under this subsection. If Landlord elects to proceed under this Section 20.1.2(B), it may at any time elect to terminate this Lease under Section 20.1.1; or(A) above. No re-entry by Landlord or any action brought by Landlord to remove Tenant from the Premises shall operate to terminate this Lease unless Landlord shall have given written notice of termination to Tenant, in which event Tenant’s liability shall be as above provided.

Appears in 1 contract

Samples: Lease Agreement (Talis Biomedical Corp)

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Terminate Tenant’s Right of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the date of termination of possession, (2) all amounts due from time to time under Section 20.2, and (3) all Rent and other sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period. LANDLORD AND TENANT AGREE THAT LANDLORD HAS A SHALL HAVE NO DUTY TO MITIGATE LANDLORD’S DAMAGES, WHICH DUTY INCLUDES USING COMMERCIALLY REASONABLE EFFORTS TO RELET THE PREMISES; provided, however, Landlord shall use commercially reasonable efforts to mitigate its damages (although Landlord does not warrant that such mitigation efforts will succeed). LANDLORD DOES NOT WARRANT THAT SUCH MITIGATION EFFORTS WILL SUCCEEDLandlord shall not be obligated to relet the Premises before leasing other portions of the Building, and Tenant’s obligations hereunder shall not be diminished because of Landlord’s failure to relet the Premises or to collect Rent due for a reletting. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may may, from time to time, bring action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Actions to collect amounts due by Tenant to Landlord under this subsection may be brought from time to time on one or more occasions, without the necessity of Landlord waiting until the Expiration Date of this Lease. Unless Landlord delivers written notice to Tenant expressly stating that Landlord it has elected to terminate this Lease, all actions taken by Landlord to exclude or dispossess Tenant of the Premises shall be deemed to be taken under this subsection. If Landlord elects to proceed under this Section 20.1.2, it may at any time elect to terminate this Lease under Section 20.1.1; or

Appears in 1 contract

Samples: Commercial Industrial Lease Agreement (Sielox Inc)

Terminate Tenant’s Right of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the date of termination of possession, (2) all other amounts due from time to time under Section 20.2this Lease, and (3) all Rent and other sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period. LANDLORD AND TENANT AGREE THAT LANDLORD HAS A DUTY TO MITIGATE LANDLORD’S DAMAGESLandlord shall use commercially reasonable efforts to relet the Premises and use commercially reasonable efforts to mitigate its damages (although Landlord does not warrant that such reletting or mitigation efforts will succeed). Landlord shall not be obligated to relet the Premises before leasing other portions of the Building, WHICH DUTY INCLUDES USING COMMERCIALLY REASONABLE EFFORTS TO RELET THE PREMISES. LANDLORD DOES NOT WARRANT THAT SUCH MITIGATION EFFORTS WILL SUCCEEDand Tenant’s obligations hereunder shall not be diminished because of Landlord’s failure to relet the Premises or to collect Rent due for a reletting. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may may, from time to time, bring action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Actions to collect amounts due by Tenant to Landlord under this subsection may be brought from time to time on one or more occasions, without the necessity of Landlord waiting until the Expiration Date of this Lease. Unless Landlord delivers written notice to Tenant expressly stating that Landlord it has elected to terminate this Lease, all actions taken by Landlord to exclude or dispossess Tenant of the Premises shall be deemed to be taken under this subsection. If Landlord elects to proceed under this Section 20.1.2(B), it may at any time elect to terminate this Lease under Section 20.1.1; or(A) above. No re entry by Landlord or any action brought by Landlord to remove Tenant from the Premises shall operate to terminate this Lease unless Landlord shall have given written notice of termination to Tenant, in which event Tenant’s liability shall be as above provided.

Appears in 1 contract

Samples: Office Lease (Alliance Data Systems Corp)

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