Common use of Termination of Possession Clause in Contracts

Termination 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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

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Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.120(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 19(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.219(b). If Landlord elects to proceed under this Section 18.219(b), it may at any time elect to terminate this Lease under Section 18.1;19(a); provided, however, in no event shall Tenant be required to pay any sums due under this Lease for any given period more than once; or

Appears in 2 contracts

Samples: Lease Agreement (Airvana Inc), Lease Agreement (Airvana Inc)

Termination of Possession. Terminate In the event of the termination of Tenant’s '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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (without termination of this Lease under Paragraph 13B(2), such termination of possession shall not release Tenant, in whole or in part, from Tenant's obligation to pay the Rent hereunder for the full Term, and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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 mayright, from time to time, bring an action against Tenant to collect amounts due by recover from Tenant, without and Tenant shall remain liable for, all Rent and any other sums thereafter accruing as they become due under this Lease during the necessity period from the date of Landlord’s waiting until such notice of termination of possession to the expiration stated end of the Term. Unless In any such case, Landlord delivers written notice shall, if and to the extent required by law, relet the Premises or any part thereof for the account of Tenant expressly stating that it has elected to terminate for such rent, for such time (which may be for a term extending beyond the Term of this Lease) and upon such terms as Landlord, all actions taken in Landlord's sole discretion, shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting, subject however, to Landlord's duty to mitigate damages as required by law. Also, in any such case, Landlord may make repairs, alterations and additions in or to dispossess or exclude Tenant from the Premises and redecorate the same to the extent reasonably necessary or desirable and in connection therewith change the locks to the Premises, and Tenant shall upon demand pay the reasonable cost thereof. Landlord may collect the rents from any such reletting and apply the same first to the payment of the reasonable expenses of re-entry, redecoration, repair and alterations and second to the payment of Rent herein provided to be paid by Xxxxxx, and any excess or residue shall operate only as an offsetting credit against the amount of Rent as the same thereafter becomes due and payable hereunder, but the use of such offsetting credit to reduce the amount of rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong to Landlord solely; provided that in no event shall Tenant be taken under this Section 18.2entitled to a credit on its indebtedness to Landlord in excess of the aggregate sum which would have been paid by Tenant for the period for which the credit to Tenant is being determined, had no event of default occurred. If Landlord elects to proceed under this Section 18.2No such re-entry or repossession, it may at any time elect repairs, alterations and additions, or reletting shall be construed as an eviction or ouster of Tenant or as an election on Landlord's part to terminate this Lease under Section 18.1;unless a written notice of such intention be given to Tenant or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder, and Landlord. may, at any time and from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the application from time to time of the proceeds of any such reletting.

Appears in 2 contracts

Samples: Presidential Towers (U S Realtel Inc), Presidential Towers (U S Realtel Inc)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.120(a), and (c3) all Rent and other net 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, after deducting all reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section, Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall have no duty to make such election), Landlord mitigate its damages and shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided So long as Landlord substantially complies has complied with Section 19.4its obligations hereunder, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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 TenantTxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantTxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2Section. If Landlord elects to proceed under this Section 18.2Section, it may at any time elect to terminate this Lease under Section 18.1;19(a).

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s Tenants obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 2 contracts

Samples: Iv Lease (Biomira CORP), Security Agreement (Biomira Inc)

Termination of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to TenantLease, in which event Tenant shall pay to Landlord Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all an amount equal to (A) the total Rent and other net sums that Tenant would have been required hereunder to be paid by Tenant during pay for the remainder of the TermTerm discounted to present value at a per annum rate equal to the Prime Rate minus one percent (1%), diminished by any net sums thereafter received by Landlord through reletting minus (B) the then present fair rental value of the Premises during for such period, after deducting all costs incurred by Landlord in reletting the Premisessimilarly discounted. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises provided in no event shall Tenant be liable for tenant improvements beyond the cost necessary to return the Premises to the base building standard); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119.(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18.(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218.(b). If Landlord elects to proceed under this Section 18.218.(b), it may at any time elect to terminate this Lease under Section 18.1;18.(a); or

Appears in 2 contracts

Samples: Lease Agreement (Virtusa Corp), Lease Agreement (Daisytek International Corporation /De/)

Termination of Possession. Terminate Tenant’s 's right to possess possession under this Lease and re-enter and take possession of the Premises, and relet or attempt to relet the Premises, or any part thereof, on behalf of and as the agent of Tenant, at such rental and under such terms and conditions as Landlord may, in the exercise of Landlord's sole and absolute discretion, deem best under the circumstances for the purpose of reducing Tenant's liability, and Landlord shall not be deemed to have thereby accepted a surrender of the Premises, and Tenant shall remain liable for all Rent, Additional Rent and all other sums due under this Lease and for all damages suffered by Landlord because of Tenant's breach of any of the covenants of this Lease. Landlord shall apply any rent received from such reletting first to the expenses of Landlord, if any, incurred by re-entering and placing the Premises without terminating this Lease by giving written notice thereof in condition for reletting, and then to Tenant, in which event the payment of Rent due hereunder and other obligations of Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to arising under this Lease. In the date event Landlord is successful in reletting the Premises at a rental rate in excess of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net sums required hereunder that agreed to be paid by Tenant, Tenant shall not be entitled, under any circumstances, to such excess rent, and Tenant does hereby waive any claim to such excess rent. At any time during such repossession or reletting, Landlord may, by delivering written notice to Tenant, elect to exercise its option under the remainder following subparagraph to accept a surrender of the TermPremises, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating and cancel this Lease, and to retake possession and occupancy of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;Premises

Appears in 2 contracts

Samples: Office Lease (National Health Partners Inc), Office Lease (National Health Partners Inc)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.120(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 19(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.219(b). If Landlord elects to proceed under this Section 18.219(b), it may at any time elect to terminate this Lease under Section 18.119(a);

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Republic Companies Group, Inc.)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall have no duty obligation to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 belowmitigate its damages hereunder. Provided Landlord substantially complies with Section 19.4In this regard, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 2 contracts

Samples: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)

Termination 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 immediately surrender possession of the Premises to Landlord for Tenant’s account and pay to Landlord Landlord: (aA) all Rent and other amounts accrued hereunder to the date of termination of possession, termination; (bB) all amounts due from time to time under Section 19.1, 19(a); and (cC) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(a)(ii), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use mitigate Tenant’s liability under this Section 18(a)(ii) by using Landlord’s commercially reasonable best efforts to promptly relet the Premises on such terms as further described Landlord in Section 19.4 belowcommercially reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises). Provided Landlord substantially complies with Section 19.4Notwithstanding the foregoing however, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to obligated to: (I) relet the Premises before leasing other portions of the Building; or to collect rent due for (II) accept any prospective tenant proposed by Tenant unless such relettingproposed tenant meets all of Landlord’s commercially reasonable leasing criteria. 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(a)(ii). If Landlord elects to proceed under this Section 18.218(a)(ii), it Landlord may at any time elect to terminate this Lease under Section 18.1;18(a)(i).

Appears in 1 contract

Samples: Lease Agreement (EverBank Financial Corp)

Termination 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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such relettingreletting despite such efforts. 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Project, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Office Lease Agreement

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate 24 proceed under this Section l8(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2l8(b). If Landlord elects to proceed under this Section 18.2l8(b), it may at any time elect to terminate this Lease under Section 18.1;l8(a); or (c) Perform Acts on Behalf of Tenant. Perform any act Tenant is obligated to perform under the terns of this Lease (and enter upon the Premises in connection therewith if necessary) in Tenant's name and on Tenant's behalf, without being liable for any claim for damages therefor, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance with Tenant's obligations under this Lease (including, but not limited to, collection costs and legal expenses), plus interest thereon at the Default Rate. In all instances, Landlord shall use commercial reasonable efforts to mitigate its damages. 19.

Appears in 1 contract

Samples: HTM Lease Agreement

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.120(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 19(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.219(b). If Landlord elects to proceed under this Section 18.219(b), it may at any time elect to terminate this Lease under Section 18.119(a);

Appears in 1 contract

Samples: Lease Agreement (Aviall Inc)

Termination of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to TenantWithout judicial process, in which event Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to immediately terminate Tenant’s 's right to possession without terminating this Lease, and to retake of possession of the Premises (whereupon all obligations and liability of Landlord hereunder shall terminate), but not terminate this Lease, and, without notice, demand or liability, enter upon the Premises or any part thereof, take absolute possession of the same, expel or remove Tenant and any other person or entity who may be occupying the Premises and change the locks. If Landlord terminates Tenant's possession of the Premises under this subparagraph 19(b), (i) Landlord shall have no duty obligation whatsoever to make such election)tender to Tenant a key for new locks installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises and (iii) Landlord shall use reasonable efforts will have the right to relet the Premises or any part thereof on such terms as further Landlord deems advisable, taking into account the factors described in Section 19.4 belowsubparagraph 19(d). Provided Any rent received by Landlord substantially complies with Section 19.4from reletting the Premises or a part thereof shall be applied first, to the payment of any amounts other than rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of the reletting expenses (which shall mean the product of the expenses of reletting, including, without limitation, refurbishing costs, reasonable attorneys' fees, advertising costs, brokerage fees, leasing commissions and other reasonably necessary expenses, multiplied by a fraction, the numerator of which is the number of months then remaining in the Term of this Lease at the time of the default and the denominator of which is the total number of months in the new tenant's lease) and third, to the payment of rent due and unpaid hereunder (in such order as Landlord shall designate), and Tenant shall satisfy and pay to Landlord any deficiency upon demand therefor from time to time. Landlord shall not be responsible or liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s for any failure to relet the Premises or any part thereof or for any failure to collect any rent due for upon any such reletting. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such termination is given to Tenant pursuant to subparagraph 19(a) above. If Landlord relets the Premises after the termination of this Lease, all such rentals received from such lease shall be and remain the exclusive property of Landlord and Tenant shall not be be, at any time, entitled to the excess of recover any consideration obtained by such rental. Landlord may at any time after a 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected elect to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a) below, and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the commercially reasonable cost of, and for the account of, Tenant, without becoming guilty of trespass, or liable for any loss or damage that may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a lease term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s then-existing leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.1;18(a) above.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section l8(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2l8(b). If Landlord elects to proceed under this Section 18.2l8(b), it may at any time elect to terminate this Lease under Section 18.1;l8(a); or

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Termination 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 (ai) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (bii) all amounts due from time to time under Section 19.1, Default Costs (as defined below); and (ciii) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this subsection, Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby unless the same is the result of the Premises (and gross negligence of Landlord. Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to may relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises). Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2subsection. If Landlord elects to proceed under this Section 18.2subsection, it may at any time elect to terminate this Lease under Section 18.1;subsection (a).

Appears in 1 contract

Samples: Lease Agreement (Online Resources Corp)

Termination of Possession. Terminate Upon termination of Tenant’s 's right of possession to possess the Leased Premises pursuant to Section 6.2(b), Landlord may repossess the Leased Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind to Tenant and without terminating this Lease by giving written notice thereof to TenantLease, in which event Landlord may (but shall not be obligated to) relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. In such event, Tenant shall be liable for and shall pay to Landlord all rent payable by Tenant under this Lease plus an amount equal to (ai) all Rent and other amounts accrued hereunder to the date cost of termination of recovering possession, (bii) all amounts due the cost of decorations, repairs, changes, alterations and additions to the Leased Premises, (iii) the cost of collection of the rent accruing from time to time under Section 19.1such reletting, and (civ) all Rent and any other net sums required hereunder to be paid costs incurred by Tenant during the remainder of the TermLandlord in connection with such reletting, diminished reduced by any net sums thereafter received by Landlord through reletting the Premises during such periodLeased Premises; provided, after deducting all costs incurred by Landlord however, that in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord no event shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the any excess of any consideration sums obtained by reletting over and above rent provided in this Lease to be paid by Tenant to Landlord. For the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; ratherpurpose of such reletting, Landlord mayis authorized to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises that Landlord may deem necessary or advisable. Landlord may file suit to recover any sums falling due under the terms of this Section from time to time, bring an and no delivery to or recovery by Landlord of any portion due Landlord hereunder shall be any defense in any action against Tenant to collect amounts due by Tenant, without the necessity recover any amount not theretofore reduced to judgment in favor of Landlord’s waiting until . No reletting shall be construed as an election on the expiration part of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this LeaseLease unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without termination, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time thereafter elect to terminate this Lease under Section 18.1;for such previous default.

Appears in 1 contract

Samples: Lease Agreement (Focal Communications Corp)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Energytec Inc)

Termination of Possession. Terminate Upon any Event of Default, Landlord may terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant. Upon any such election by Landlord, in which event Tenant shall pay to Landlord all collection costs, all Rent accrued hereunder through the date that Tenant’s right to possess the Premises is terminated, and an amount equal to (a) all Rent and other amounts accrued hereunder sums that Tenant is required to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net sums required hereunder to be paid by Tenant pay during the remainder of the Term, diminished by minus (b) any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for in connection with such reletting. Tenant shall not be entitled The termination of Tenant’s right to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in possess the Premises shall not affect Tenant’s obligations hereunder under this Lease for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by from Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice If the reletting results in the Landlord’s receipt of net consideration which exceeds the amount of the Rent, Tenant will have no claim to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;such excess.

Appears in 1 contract

Samples: Office Lease (Englobal Corp)

Termination 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 (ai) all Rent and other amounts accrued hereunder to the date of termination of possession, (bii) all amounts due from time to time under Section 19.19.3(a), and (ciii) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 9.3(d) below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.29.2(b). If Landlord elects to proceed under this Section 18.29.2(b), it may at any time elect to terminate this Lease under Section 18.1;9.2(a).

Appears in 1 contract

Samples: Lease Agreement (Advanced Micro Devices Inc)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, possession and (c2) all Rent and other net sums required hereunder to be paid by Tenant Xxxxxx during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting relating the Premises. Any sums due under the foregoing Section 13.02(b)(2) shall be calculated and due monthly. If Landlord elects to terminate proceed under this Section 13.02(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to retake possession of the Premises (and Landlord shall have no duty to make such election)extent required by applicable Regulations, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Property, and Landlord shall not be obligated to accept any prospective tenant proposed by Xxxxxx unless such proposed tenant meets all of Landlord’s leasing criteria then in effect. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, LandlordXxxxxxxx’s failure to relet the Premises or to collect rent due for such 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 TenantXxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.213.02(b). If Landlord landlord elects to proceed under this Section 18.213.02(b), it may at any time elect to terminate this Lease under Section 18.1;13.02(a).

Appears in 1 contract

Samples: Energy Recovery, Inc.

Termination 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 immediately surrender possession of the Premises to Landlord for Tenant’s account and pay to Landlord Landlord: (aA) all Rent and other amounts accrued hereunder to the date of termination of possession, termination; (bB) all amounts due from time to time under Section 19.1, 19(a); and (cC) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(a)(ii), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use mitigate Tenant’s liability under this Section 18(a)(ii) by using Landlord’s commercially reasonable best efforts to promptly relet the Premises on such terms as further described Landlord in Section 19.4 belowcommercially reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises). Provided Landlord substantially complies with Section 19.4Notwithstanding the foregoing however, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to obligated to: (I) relet the Premises before leasing other portions of the Building; or to collect rent due for (II) accept any prospective tenant proposed by Tenant unless such relettingproposed tenant meets all of Landlord’s commercially reasonable leasing criteria. 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;Section

Appears in 1 contract

Samples: Lease Agreement (EverBank Financial Corp)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 17(a); and (c3) all Rent and other net 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, after deducting all reasonable and documented costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 17(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s standard leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.217(b). If Landlord elects to proceed under this Section 18.217(b), it may at any time elect to terminate this Lease under Section 18.1;17(a).

Appears in 1 contract

Samples: Office Lease Agreement (Cross Country Healthcare Inc)

Termination of Possession. Terminate Tenant’s right to possess possession of the Premises without terminating this Lease by giving written notice thereof to Tenantany lawful means, in which event case this Lease shall terminate and Tenant shall pay immediately surrender possession of the Premises to Landlord. In such event Landlord shall have the immediate right to re-enter and remove all persons and property and such property may be removed and stored in a public warehouse or elsewhere at the cost, and for the account, of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby; and Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including (ai) the worth at the time of the award of all Basic Monthly Rent, Additional Rent and other amounts accrued hereunder to charges which were earned or were payable at the date time of termination the termination; (ii) the worth at the time of possessionthe award of the amount by which the unpaid Basic Monthly Rent, (b) all amounts due from time to time under Section 19.1, and (c) all Additional Rent and other net sums required hereunder to be paid by Tenant during charges which would have been earned or were payable after termination until the remainder time of the Termaward exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Basic Monthly Rent, diminished Additional Rent and other charges which would have been payable for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under the Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs or expenses incurred by Landlord in reletting maintaining or preserving the Premises after such default, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation or alteration of the Premises, Landlord’s reasonable attorneys’ fees incurred in connection therewith, and any real estate commissions or other such fees paid or payable. As used in subparts (i) and (ii) above, the “worth at the time of the award” is computed by allowing interest on unpaid amounts at the rate of fifteen percent (15%) per annum, or such lesser amount as may then be the maximum lawful rate. As used in subpart (iii) above, the “worth at the time of the award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). If Tenant shall have abandoned the Premises, Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Subsection 11.4.1, or (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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 Termii) proceeding under Subsection 11.4.2; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;or

Appears in 1 contract

Samples: Torrey Pines Science Center (Pacira Pharmaceuticals, Inc.)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.120(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 19(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.219(b). If Landlord elects to proceed under this Section 18.219(b), it may at any time elect to terminate this Lease under Section 18.119(a);

Appears in 1 contract

Samples: Lease Agreement (Luvu Brands, Inc.)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.120(a), and (c3) all Rent and other net 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, after deducting all reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 19(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Project and Landlord shall not be obligated to accept any prospective tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, LandlordXxxxxxxx’s failure to relet the Premises or to collect rent due for such 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 TenantXxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.219(b). If Landlord elects to proceed under this Section 18.219(b), it may at any time elect to terminate this Lease under Section 18.119(a);

Appears in 1 contract

Samples: Lease Agreement (Immatics N.V.)

Termination 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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. 18,2, If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 1 contract

Samples: Lease Agreement (Mimecast LTD)

Termination of Possession. Terminate Upon termination of Tenant’s 's ------------------------- right of possession of the Leased Premises pursuant to possess Section 18.2(b) of this --------------- Lease, Landlord may repossess the Leased Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind to Tenant and without terminating this Lease by giving written notice thereof to Tenantand without becoming liable for damages or guilty of trespass, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant (nor shall Landlord be under any obligation to relet the Leased Premises before Landlord relets or leases any other property under the ownership or control of Landlord) for such rent and upon such terms as shall be satisfactory to Landlord. In such event, Tenant shall be liable for and shall pay to Landlord (a) all Rent and other amounts accrued hereunder payable by Tenant under this Lease plus an amount equal to (i) the date cost of termination of recovering possession, (bii) all amounts due the cost of collection of the rent accruing from time to time under Section 19.1, such reletting and (ciii) all Rent and any other net sums required hereunder to be paid costs incurred by Tenant during the remainder of the TermLandlord in connection with such reletting, diminished reduced by any net sums thereafter received by Landlord through reletting the Premises during such periodLeased Premises; provided, after deducting all costs incurred by Landlord however, that in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord no event shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the any excess of any consideration sums obtained by reletting over and above Rent provided in this Lease to be paid by Tenant to Landlord. For the Rent purpose of such reletting Landlord is authorized to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary. Landlord may file suit to recover any sums falling due hereunder. Reentry by Landlord in under the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may, terms of this Section 18.4 from time to time, bring an and no ------------ delivery to or recovery by Landlord of any portion due Landlord hereunder shall be any defense in any action against Tenant to collect amounts due by Tenant, without the necessity recover any amount not theretofore reduced to judgment in favor of Landlord’s waiting until . No reletting shall be construed as an election on the expiration part of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this LeaseLease unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without termination, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time thereafter elect to terminate this Lease under Section 18.1;for such previous default.

Appears in 1 contract

Samples: Lease Agreement (Ricks Cabaret International Inc)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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 OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 23 during such period, after deducting all commercially reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises after utilizing such commercially reasonable efforts to relet or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Office Lease Agreement (Radiant Systems Inc)

Termination of Possession. Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event case Tenant shall pay immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord may, in compliance with applicable Law and without prejudice to any other right or remedy, enter upon and take possession of the Premises. Notwithstanding termination of Tenant’s right to possess the Premises, Tenant shall continue to be responsible to Landlord (a) for all Rent and other amounts accrued hereunder due under this Lease subject only to the date of termination of possessionLandlord’s obligation under applicable law, (b) all amounts due from time if any, to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premisesmitigate its damages. If Landlord elects to terminate proceed under this Section 17(b), Landlord may remove all of Tenant’s right to possession without terminating this Leasepropert from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 below. Provided Landlord substantially complies with Section 19.4its reasonable discretion may determine (including a term different from the Term, Landlord shall not be liable forrental concessions, nor shall Tenant’s obligations hereunder be diminished because and alterations to, and improvement of, Landlord’s failure to relet the Premises or to collect rent due for such relettingPremises). Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunderunder this Lease. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder under this Lease for the unexpired Term; rather, and Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Decode Genetics Inc)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119.(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18.(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall have no duty to make such election), Landlord shall use reasonable efforts obligation to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4Premises, and Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 1 contract

Samples: Lease Agreement (Panoramic Care Systems Inc)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a) below, and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming guilty of trespass, or liable for any loss or damage that may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a lease term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s then-existing leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.1;18(a) above.

Appears in 1 contract

Samples: Lease Agreement (Hipcricket, Inc.)

Termination 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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.120(a), and (c3) all Rent and other net 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, after deducting all reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section, Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall have no duty to make such election), Landlord mitigate its damages and shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided So long as Landlord substantially complies has complied with Section 19.4its obligations hereunder, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2Section. If Landlord elects to proceed under this Section 18.2Section, it may at any time elect to terminate this Lease under Section 18.1;19(a).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Polarityte, Inc.)

Termination 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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Termination of Possession. Terminate Tenant’s Xxxxxx's right to possess the Leased Premises without terminating this Lease Agreement by giving written notice thereof to TenantLessee, in which event Tenant shall Lessee must pay to Landlord (a) Lessor all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.115.03 (a), and (c) all Rent and other net sums required hereunder to be paid by Tenant Xxxxxx during the remainder of the Term, diminished by any net sums thereafter received by Landlord Xxxxxx through reletting the Leased Premises during such period, after deducting all costs incurred by Landlord Lessor in reletting the Leased Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall Lessor may use reasonable efforts to relet the Leased Premises on such terms as further described Lessor in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Leased Premises). Provided Landlord substantially complies with Section 19.4, Landlord shall Lessor will not be liable for, nor shall Tenant’s will Xxxxxx's obligations hereunder be diminished because of, Landlord’s Xxxxxx's failure to relet the Leased Premises or to collect rent due for such reletting. Tenant shall Lessee will not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord Lessor in the Leased Premises shall will not affect Tenant’s Xxxxxx's obligations hereunder for the unexpired Term; rather, Landlord Lessor may, from time to time, bring an action against Tenant Lessee to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s Lessor waiting until the expiration of the Term, or may accelerate all Rent due during the remainder of the Term and bring an action against Lessee thereon. Unless Landlord Lessor delivers written notice to Tenant Xxxxxx expressly stating that it has elected to terminate this LeaseAgreement, all actions taken by Landlord Xxxxxx to dispossess or exclude Tenant Lessee from the Leased Premises shall will be deemed to be taken under this Section 18.215.02 (b). If Landlord Lessor elects to proceed under this Section 18.215.02 (b), it may at any time elect to terminate this Lease Agreement under Section 18.1;15.02 (a).

Appears in 1 contract

Samples: Lease Agreement

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. Any sums due under the foregoing Section 18(b)(3) shall be calculated and due monthly. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to retake possession of the Premises (and Landlord shall have no duty to make such election)extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Office Lease Agreement (Guidewire Software, Inc.)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. Any sums due under the foregoing Section 18(b)(3) shall be calculated and due monthly. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the 28 Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to retake possession of the Premises (and Landlord shall have no duty to make such election)extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Industrial Lease Agreement (Heritage Global Inc.)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby (except for Landlord’s gross negligence). Landlord shall use commercially reasonable efforts to relet the Premises on such commercially reasonable terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Office Lease Agreement (Triangle Capital CORP)

Termination of Possession. Terminate Tenant’s '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 (a1) the unamortized Leasing Costs, amortized straight-line over the initial Term of this Lease, with such amortization to cease upon the date of termination, (2) all Rent and other amounts accrued hereunder to the date of termination of possession, (b3) all amounts due from time to time under Section 19.1, 19(a) and (c4) all Rent and other net sums required hereunder to be paid by Tenant during the remainder of the Term, as and when such amounts become due and payable, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all actual, out-of-pocket costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. To the extent required by law, Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided If Landlord substantially complies with Section 19.4has used such reasonable efforts to relet, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Blucora, Inc.)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.118(a), and (c3) all Rent and other net 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, after deducting all reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 17(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If (and Landlord shall have no duty then only to make such election)the extent) required by applicable Law, Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 belowon market terms; however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.217(b). If Landlord elects to proceed under this Section 18.217(b), it may at any time elect to terminate this Lease under Section 18.117(a);

Appears in 1 contract

Samples: Lease Agreement (Omega Protein Corp)

Termination of Possession. Terminate Tenant’s Xxxxxx's right to possess possession of the Premises without terminating this Lease by giving written notice thereof to Tenantany lawful means, in which event case this Sublease shall terminate and Tenant shall pay immediately surrender possession of the Premises to Landlord. In such event Landlord shall have the immediate right to reenter and remove all persons and property and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby; and Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default, including (ai) the worth at the time of the award of all Base Rent, Additional Rent and other amounts accrued hereunder to charges which were earned or were payable at the date time of termination the termination; (ii) the worth at the time of possessionthe award of the amount by which the unpaid Base Rent, (b) all amounts due from time to time under Section 19.1, and (c) all Additional Rent and other net sums required hereunder to be paid by Tenant during charges which would have been earned or were payable after termination until the remainder time of the Termaward exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid Base Rent, diminished Additional Rent and other charges which would have been payable for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Xxxxxx's failure to perform its obligations under the Sublease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs or expenses incurred by Landlord in reletting maintaining or preserving the Premises after such default, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation or alteration of the Premises, Landlord's reasonable attorneys' fees incurred in connection therewith, and any real estate commissions or other such fees paid or payable. As used in subparts (i) and (ii) above, the "worth at the time of the award" is computed by allowing interest on unpaid amounts at the rate of ten percent (10%) per annum, or such lesser amount as may then be the maximum lawful rate. As used in subpart (iii) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). If Tenant shall have abandoned the Premises, Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Subsection 10.3.1, or (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken ii) proceeding under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;Subsection 10.3.2.

Appears in 1 contract

Samples: Copper Mountain Networks Inc

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 18(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord shall may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents, or contractors. Landlord may, at is option, use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Office Lease Agreement (Optio Software Inc)

Termination 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 Landlord: (a1) all Gross Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Gross Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided If Landlord substantially complies with Section 19.4has used commercially reasonable efforts to relet the Premises, then Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Gross Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all actual reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, LandlordXxxxxxxx’s failure to relet the Premises or to collect rent due for such 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 TenantXxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.2l8(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Rocket Companies, Inc.)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Shattuck Labs, Inc.)

Termination of Possession. Terminate Tenant’s right to possess the Premises and re-enter the Premises without terminating this Lease by giving written notice thereof to TenantLease, in which event Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.119.1(a), and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts have no obligation to relet the Premises as further described in Section 19.4 belowPremises. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, LandlordXxxxxxxx’s failure to relet the Premises or to collect rent due for such 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 TenantXxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 1 contract

Samples: Deed of Lease Agreement (Evolent Health, Inc.)

Termination of Possession. Terminate Tenant’s '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 Landlord: (ai) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (bii) all amounts due from time to time under Section 19.1, 10.04(a) below; and (ciii) all Rent and other net sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter actually received by Landlord through reletting the Premises during such period, period after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 10.03(b), Landlord shall use reasonable efforts to relet may remove all of Tenant's property from the Premises as further described and store the same in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because a public warehouse or elsewhere at the cost of, Landlord’s failure to relet and for the Premises account of, Tenant without becoming liable for any loss or to collect rent due for such reletting. Tenant shall not damage which may be entitled to the excess of any consideration obtained by reletting over the Rent due hereunderoccasioned thereby. Reentry by Landlord in the Premises Building shall not affect Tenant’s 's obligations hereunder for the unexpired Lease Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Lease Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Building or any other portion of the Premises shall be deemed to be taken under this Section 18.210.03(b). If Landlord elects to proceed under this Section 18.210.03(b), it may at any time thereafter elect to terminate this Lease under Section 18.1;10.03(a).

Appears in 1 contract

Samples: Lease Agreement (SunOpta Inc.)

Termination of Possession. Terminate Tenant’s If Lessor terminates the right ------------------------- of Lessee to possess possession of the Leased Premises without terminating this Lease by giving written notice thereof pursuant to Tenant, in which event Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to the date of termination of possession, paragraph (b) all amounts due of Section 13.02, such termination of possession shall not release Lessee, in whole or in part, from time Lessee's obligation to time under Section 19.1pay the rental hereunder for the full term, and (c) all Rent and other net sums required hereunder to be paid by Tenant during the remainder present value of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any consideration obtained the aggregate amount of the Base Rent over the amount of rent Lessor reasonably could receive by reletting over the Rent Leased Premises for the period from the date stated in the notice terminating possession to the end of the term shall at once mature and be immediately due and payable by Lessee to Lessor, together with any and all other moneys due hereunder, and Lessor shall have the right to immediate recovery of all such amounts. Reentry by Landlord in In addition, Lessor shall have the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord mayright, from time to time, bring an action against Tenant to collect amounts recover from Lessee, and Lessee shall remain liable for, all Additional Rent and any other sums thereafter accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the term. In any such case, Lessor may make repairs, alterations and additions to the Leased Premises, change the locks to the Leased Premises, and redecorate the Leased Premises to the extent deemed by TenantLessor as necessary or desirable to relet the Leased Premises, and Lessee shall upon demand pay to Lessor all costs and expenses thereof. In the event that Lessor should relet the Leased Premises or some portion thereof during the balance of the term, the proceeds of such reletting, after deduction of all reasonable costs and expenses in connection with the repossession and reletting of the Leased Premises (including, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Leaselimitation, all actions taken by Landlord to dispossess or exclude Tenant from the Premises reasonable attorneys' fees, leasing commissions, expenses of repairs, alterations and redecoration and similar expenses), shall be deemed applied to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;the payment of rentals and the satisfaction of other obligations of Lessee hereunder.

Appears in 1 contract

Samples: Real Estate Lease (Analytical Surveys Inc)

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Termination 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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such relettingreletting despite such efforts. 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Termination 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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net sums required hereunder to be paid by Tenant Xxxxxx during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate TenantXxxxxx’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, LandlordXxxxxxxx’s failure to relet the Premises or to collect rent due for such 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 TenantXxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

Appears in 1 contract

Samples: Lease Agreement (Signing Day Sports, Inc.)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. Any sums due under the foregoing Section 18(b)(3) shall be calculated and due monthly. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to retake possession of the Premises (and Landlord shall have no duty to make such election)extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or the Project, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Industrial Lease Agreement (Parametric Sound Corp)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises *** Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED by Markit Ltd. or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Office Lease Agreement (Markit Ltd.)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Alco Stores Inc)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Aeglea BioTherapeutics, Inc.)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119.(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18.(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218.(b). If Landlord elects to proceed under this Section 18.218.(b), it may at any time elect to terminate this Lease under Section 18.1;18.(a); or

Appears in 1 contract

Samples: Lease Agreement (Verisity LTD)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s failure 's xxxxxxe to relet the Premises or to collect rent due for such 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 's obligations hereunder herexxxxx for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity necexxxxx of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.1;1 8(a); or

Appears in 1 contract

Samples: Lease Agreement (Institutional Equity Holdings Inc /Nv/)

Termination 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 (a1) the unamortized Leasing Costs, amortized straight-line over the initial Term of this Lease, with such amortization to cease upon the date of termination of possession, (2) all Rent and other amounts accrued hereunder to the date of termination of possession, (b3) all amounts due from time to time under Section 19.1, 19(a) and (c4) all Rent and other net sums required hereunder to be paid by Tenant Xxxxxx during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b). Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. To the extent required by law, Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, LandlordXxxxxxxx’s failure to relet the Premises or to collect rent due for such 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 TenantXxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.2, 18(b). it may at any time elect to terminate this Lease under Section 18.1;18(a):

Appears in 1 contract

Samples: Lease Agreement (Akoustis Technologies, Inc.)

Termination 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 (ai) all Rent and other amounts accrued hereunder to the date of termination of possession, (bii) all amounts due from time to time under Section 19.1, 24(a) and (ciii) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 24(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions and alterations to and improvement of the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and; Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.224(b). If Landlord elects to proceed under this Section 18.219(b), it may at any time elect to terminate this Lease under Section 18.1;24(a); or

Appears in 1 contract

Samples: Lease Agreement (Efj Inc)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119.(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18.(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218.(b). If Landlord elects to proceed under this Section 18.218.(b), it may at any time elect to terminate this Lease under Section 18.1;18.(a); or

Appears in 1 contract

Samples: Lease Agreement (Tenfold Corp /Ut)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. In the event that Landlord shall have no duty to make such electionproceeds under either Section 18(a) or Section 18(b), Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.1;18(a); or

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

Termination of Possession. Terminate Tenant’s '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 (axxiv) all Rent and other amounts accrued hereunder to the date of termination of possession, (bxxv) all amounts due from time to time under Section 19.119(a), and (cxxvi) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts not be obligated to relet the Premises as further described in Section 19.4 belowbefore leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.1;18(a); or

Appears in 1 contract

Samples: Lease Agreement (Cirtran Corp)

Termination of Possession. Terminate Upon termination of Tenant’s 's right of possession to possess the Leased Premises pursuant to Section 6.2(b), Landlord may repossess the Leased Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind to Tenant and without terminating this Lease by giving written notice thereof to TenantLease, in which event Landlord may (but shall not be obligated to) relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. In such event, Tenant shall be liable for and shall pay to Landlord all rent payable by Tenant under this Lease plus an amount equal to (ai) all Rent and other amounts accrued hereunder to the date cost of termination of recovering possession, (bii) all amounts due the cost of decorations, repairs, changes, alterations and additions to the Leased Premises, (iii) the cost of collection of the rent accruing from time to time under Section 19.1such reletting, and (civ) all Rent and any other net sums required hereunder to be paid costs incurred by Tenant during the remainder of the TermLandlord in connection with such reletting, diminished reduced by any net sums thereafter received by Landlord through reletting the Premises during such periodLeased Premises; provided. however, after deducting all costs incurred by Landlord that in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord no event shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the any excess of any consideration sums obtained by reletting over and above rent provided in this Lease to be paid by Tenant to Landlord. For the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; ratherpurpose of such reletting, Landlord mayis authorized to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises that Landlord may deem necessary or advisable. Landlord may file suit to recover any sums falling due under the 25 terms of this Section from time to time, bring an and no delivery to or recovery by Landlord of any portion due Landlord hereunder shall be any defense in any action against Tenant to collect amounts due by Tenant, without the necessity recover any amount not theretofore reduced to judgment in favor of Landlord’s waiting until . No reletting shall be construed as an election on the expiration part of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this LeaseLease unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without termination, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time thereafter elect to terminate this Lease under Section 18.1;for such previous default.

Appears in 1 contract

Samples: Lease Agreement (Verio Inc)

Termination of Possession. Terminate Tenant’s '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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby, except for claims to the extent arising out of Landlord's gross negligence or willful misconduct. Landlord shall use commercially reasonable efforts to relet the Premises after Tenant vacates the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to: (i) solicit or entertain negotiations with any other prospective tenants for the Premises until Landlord obtains full and complete possession of the Premises, including, without limitation, the final and unappealable legal right to re-let the Premises free of any claim of Tenant, (ii) expend funds in connection with reletting the Premises, (iii) relet the Premises before leasing other portions of the Building or Project, (iv) accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria, or (v) lease the Premises for a rental less than the current fair market rental then prevailing for similar office space in the Building. Provided If Landlord substantially complies with Section 19.4markets the Premises in the same manner which it markets other available similar premises in the Building which are available for lease, then Landlord shall be deemed to have satisfied its obligations to use commercial reasonable efforts to relet the Premises. Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.1;18(a); or

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Termination 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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;; 20 0000 XXXXXXXX XXXXXXX – XXXXX XXXXXXXX XXXXX, XX 00000 4812-0074-7958.V2

Appears in 1 contract

Samples: Lease Agreement (Dirtt Environmental Solutions LTD)

Termination of Possession. Terminate Tenant’s right to possess the Premises Property without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.117.3, and (c) all Rent and other net sums required hereunder to be paid by Tenant during the remainder of the TermTerm of this Lease, diminished by any net sums thereafter received by Landlord through reletting the Premises Property during such period, after deducting all costs incurred by Landlord in reletting the PremisesProperty. If Landlord elects to terminate proceed under this Section 17.2.2, Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Property and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 belowTenant, without becoming liable for any loss or damage which may be occasioned thereby. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises Property or to collect rent due for such 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 Property shall not affect Tenant’s obligations hereunder for the unexpired TermTerm of this Lease; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the TermTerm of this Lease. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises Property shall be deemed to be taken under this Section 18.217.2.2. If Landlord elects to proceed under this Section 18.217.2.2, it may at any time elect to terminate this Lease under Section 18.117.2.1;

Appears in 1 contract

Samples: Sublease Agreement (iBio, Inc.)

Termination 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 (a( 1 ) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.120(a), and (c3) all Rent and other net sums required hereunder to be he paid by Tenant Xxxxxx during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting relating the Premises. If Landlord elects to terminate proceed under this Section 19(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. To the extent required by law. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, LandlordXxxxxxxx’s failure to relet the Premises or to collect rent due for such 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 TenantXxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.219(b). If Landlord elects to proceed under this Section 18.219(b), it may at any time elect to terminate this Lease under Section 18.119(a);

Appears in 1 contract

Samples: Lease Agreement (Orthofix Medical Inc.)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Omtool LTD)

Termination of Possession. Terminate Landlord may terminate Tenant’s right to possess possession of the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord the sum of (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.117.(a), and plus (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to exclude or dispossess or exclude Tenant from of the Premises shall may be deemed to be taken under this Section 18.216.(b)(ii). If Landlord elects to proceed under this Section 18.216.(b)(ii), then it may at any time elect to terminate this Lease under Section 18.1;16.(b)(i). Landlord may elect to recover its damages under Sections 16.(b)(i)(1) and (2) (or any portion thereof) or Section 16.(b)(ii)(1) and (2) (or any portion thereof) in a separate action (e.g., by summary judgment) without prejudice to Landlord’s right to bring one or more subsequent actions to recover additional damages hereunder. Additionally, without notice, Landlord may alter locks or other security devices at the Premises to deprive Tenant of access thereto.

Appears in 1 contract

Samples: Office Lease (Plains Capital Corp)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder, but any such excess shall be credited against amounts due and owing to Landlord by Tenant pursuant to this Lease; however, in no event will Landlord be obligated to pay to Tenant any excess. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Termination of Possession. Terminate Landlord may terminate Tenant’s '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 (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected or any other lawful means, terminate this Lease by written notice to terminate Tenant, revoke Tenant's right to any free rent or other lease concessions and recover the value of any such concessions made, re-enter and take possession of the Premises and Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default, including without limitation, all unpaid Rent, Additional Rent and other obligations of Tenant under this Lease including without limitation, accrued interest at the then current Fleet Bank prime interest rate, and late charges thereon, the cost of recovering possession of the Premises, the expenses of reletting, and any other costs or damages arising out of Tenant's default, including without limitation the costs of removing persons and property from the Premises, the costs of repairing or altering the Premises for reletting, brokers' commissions, and legal costs including attorneys' fees whether suit is brought or not. Notwithstanding any termination of this Lease, all actions taken by re-entry or reletting of the Premises, the liability of Tenant for the Rent, the Additional Rent and other charges and adjustments for the balance of the Term shall not be extinguished and Tenant shall pay and Landlord to dispossess may recover from Tenant at the time of termination, re-entry, or exclude Tenant from reletting, the amount of such rents reserved in this Lease for the balance of the Term (even if in excess of the then reasonable rental value of the Premises shall be deemed or any part thereof) without first terminating Tenant's right to be taken under possession pursuant to this Section 18.2Lease. If Landlord elects to proceed under this Section 18.2reserves the right, it may at any time thereafter, to elect to terminate this Lease under Section 18.1;Tenant's right to possession to the Premises for the default that originally resulted in the reletting.

Appears in 1 contract

Samples: Lease Agreement (Mestek Inc)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.1, and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts not be obligated to relet the Premises as further described in Section 19.4 belowbefore leasing other portions of the Building. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.219.2. If Landlord elects to proceed under this Section 18.219.2, it may at any time elect to terminate this Lease under Section 18.119.1;

Appears in 1 contract

Samples: Lease Agreement (American Locker Group Inc)

Termination of Possession. Terminate Tenant’s '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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a), and (c3) all Rent and other net 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, after deducting all costs reasonably incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Lease's property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession of for the Premises (and Landlord shall have no duty to make such election)account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises provided that any alterations or improvements and rental concessions or commissions should be normal, reasonable and customary in the market at that time); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord's leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s 's obligations hereunder be diminished because of, Landlord’s 's failure to relet the Premises or to collect rent due for such 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 's obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s 's waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Taysha Gene Therapies, Inc.)

Termination of Possession. Terminate Tenant’s Xxxxxx's right to possess possession of the Premises without terminating this Lease Premise by giving written notice thereof to Tenantany lawful means, in which event case this Sublease shall terminate and Tenant shall pay immediately surrender possession of the Premises to Landlord. In such event Landlord shall have the immediate right to re-enter and remove all persons and property and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice of resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby; and Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default, including (ai) the worth at the time of the award of all Base Rent, Additional Rent and other amounts accrued hereunder to charges which were earned or were payable at the date time of termination the termination; (ii) the worth at the time of possessionthe award of the amount by which the unpaid Base Rent, (b) all amounts due from time to time under Section 19.1, and (c) all Additional Rent and other net sums required hereunder to be paid by Tenant during charges which would have been earned or were payable after termination until the remainder time of the Termaward exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided, diminished (iii) the worth at the time of the award of the amount by which the unpaid Base Rent, Additional Rent and other charges which would have been payable for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; and (iv) any net sums thereafter received other amount necessary to compensate Landlord for all the detriment proximately caused by Landlord through reletting Xxxxxx's failure to perform its obligations under the Premises during such periodSublease or which in the ordinary course of things would be likely to result therefrom, after deducting all costs including, but not limited to, any cost or expenses incurred by Landlord in reletting maintaining or preserving the Premises after such default, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation or alteration of the Premises, Landlord's reasonable attorneys fees incurred in connection therewith, and any real estate commissions or other such fees paid or payable. As used in subparts (i) and (ii) above, the "worth at the time of the award" is computed by allowing interest on unpaid amounts at the rate of fifteen percent (15%) per annum, or such lesser amount as may then be the maximum lawful rate. As used in subpart (iii) above, the "worth at the time of the award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). If Tenant shall have abandoned the Premises, Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake shall have the option of (i) retaking possession of the Premises and recovering from Tenant the amount specified in this Subsection 10.3.1 or (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken ii) proceeding under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;Subsection 10.3.2.

Appears in 1 contract

Samples: Integra Lifesciences Holdings Corp

Termination of Possession. Terminate Upon termination of Tenant’s 's right of possession to possess the Leased Premises pursuant to Section 6.2(b), Landlord may repossess the Leased Premises by forcible entry or detainer suit or otherwise, without further demand or notice of any kind to Tenant and without terminating this Lease by giving written notice thereof to TenantLease, in which event Landlord may (but shall not be obligated to) relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. In such event, Tenant shall be liable for and shall pay to Landlord all rent payable by Tenant under this Lease as and when due plus an amount equal to (ai) all Rent and other amounts accrued hereunder to the date cost of termination of recovering possession, (bii) all amounts due the cost repairs, changes, alterations and additions to the Leased Premises, (iii) the cost of collection of the rent accruing from time to time under Section 19.1such reletting, and (civ) all Rent and any other net sums required hereunder to be paid costs incurred by Tenant during the remainder of the TermLandlord in connection with any such reletting, diminished reduced by any net sums thereafter received by Landlord through reletting the Leased Premises; provided, however, that in no event shall Tenant be entitled to any excess of any sums obtained by reletting over and above rent provided in this Lease to be paid by Tenant to Landlord. For the purpose of such reletting, Landlord is authorized to make any repairs, changes, alterations or additions in or to the Leased Premises during such periodthat Landlord may deem necessary or advisable. Landlord may file suit to recover any sums falling due under the terms of this Section from time to time, after deducting all costs incurred and no delivery to or recovery by Landlord of any portion due Landlord hereunder shall be any defense in any action to recover any amount not theretofore reduced to judgment in favor of Landlord. No reletting shall be construed as an election on the Premises. If part of Landlord elects to terminate Tenant’s right this Lease unless a written notice of such intention is given to possession Tenant by Landlord. Notwithstanding any such reletting without terminating termination, Landlord may at any time thereafter elect to terminate this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make Lease for such election), previous default. Landlord shall use reasonable efforts to relet the Leased Premises on such terms and conditions as further described Landlord, in Section 19.4 below. Provided Landlord's sole discretion, may determine (including, without limitation, a term different from the Lease Term, rental concessions, and alterations to and improvements of the Leased Premises); but Landlord substantially complies with Section 19.4shall never be obligated to relet the Leased Premises before leasing other rentable areas within the Building, Landlord it being the intent of the parties that Tenant shall not be liable forplaced in a preferential position by reason of Tenant's own default. Any sums received by Landlord through reletting shall reduce the sums owing by Tenant to Landlord, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. but Tenant shall not be entitled to the any excess of any consideration sums obtained by reletting over and above the Rent due hereunderBase Rental provided in this Lease under any circumstances. Reentry For the purpose of such reletting, Landlord is authorized to make any repairs, changes, alterations, or additions in and to the Leased Premises that Landlord may deem necessary or advisable. No reletting shall be construed as an election on the part of Landlord to terminate this Lease unless a written notice of such intention is given to Tenant by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; ratherLandlord. Notwithstanding any such reletting without termination, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time thereafter, elect to terminate this Lease under Section 18.1;for such previous default.

Appears in 1 contract

Samples: Lease Agreement (Wyndham Hotel Corp)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. In no event shall use Landlord ever be obligated to relet or to attempt to relet the Premises or any part thereof while other space remains available for lease at the Complex; provided, however, that Landlord shall make commercially reasonable efforts to relet the Premises as further described Premises, taking into account the space then available or scheduled to become available for lease at the Complex, it being understood that Landlord shall be entitled to let and attempt to let space available or scheduled to become available at the Complex during the unexpired Term in Section 19.4 belowpreference to the Premises. Provided Landlord substantially complies with Section 19.4In this regard, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Termination of Possession. Terminate Upon termination of Tenant’s 's right of possession of the Leased Premises pursuant to possess Section 18.1 of this Lease, Landlord may repossess the Leased Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind to Tenant and without terminating this Lease by giving written notice thereof to Tenantand without becoming liable for damages or guilty of trespass, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant (nor shall Landlord be under any obligation to relet the Leased Premises before Landlord relets or leases any other property under the ownership or control of Landlord) for such rent and upon such terms as shall be satisfactory to Landlord. In such event, Tenant shall be liable for and shall pay to Landlord (a) all Rent and other amounts accrued hereunder payable by Tenant under this Lease (plus interest at the past due rate provided in Section 3.5 of this Lease if in arrears) plus an amount equal to (i) the date cost of termination of recovering possession, (bii) all amounts due the cost of decorations, repairs, changes, alterations and additions to the Leased Premises, (iii) the cost of collection of the rent accruing from time to time under Section 19.1, such reletting and (civ) all Rent and any other net sums required hereunder to be paid costs incurred by Tenant during the remainder of the TermLandlord in connection with such reletting, diminished reduced by any net sums thereafter received by Landlord through reletting the Premises during such periodLeased Premises; provided, after deducting all costs incurred by Landlord however, that in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord no event shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the any excess of any consideration sums obtained by reletting over and above Rent provided in this Lease to be paid by Tenant to Landlord. For the Rent purpose of such reletting Landlord is authorized to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary. Landlord may file suit to recover any sums falling due hereunder. Reentry by Landlord in under the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may, terms of this Section 18.4 from time to time, bring an and no delivery to or recovery by Landlord of any portion due Landlord hereunder shall be any defense in any action against Tenant to collect amounts due by Tenant, without the necessity recover any amount not theretofore reduced to judgment in favor of Landlord’s waiting until . No reletting shall be construed as an election on the expiration part of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this LeaseLease unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without termination, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time thereafter elect to terminate this Lease under Section 18.1;for such previous default. Lease Agreement

Appears in 1 contract

Samples: Lease Agreement and Option to Purchase (Ricks Cabaret International Inc)

Termination of Possession. Terminate Upon termination of Tenant’s 's right of possession of the Leased Premises pursuant to possess Section 18.1 of this Lease, Landlord may repossess the Leased Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind to Tenant and without terminating this Lease by giving written notice thereof to Tenantand without becoming liable for damages or guilty of trespass, in which event Landlord may, but shall be under no obligation to, relet the same for the account of Tenant (nor shall Landlord be under any obligation to relet the Leased Premises before Landlord relets or leases any other property under the ownership or control of Landlord) for such rent and upon such terms as shall be satisfactory to Landlord. In such event, Tenant shall be liable for and shall pay to Landlord (a) all Rent and other amounts accrued hereunder payable by Tenant under this Lease (plus interest at the past due rate provided in Section 3.5 of this Lease if in arrears) plus an amount equal to (i) the date cost of termination of recovering possession, (bii) all amounts due the cost of decorations, repairs, changes, alterations and additions to the Leased Premises, (iii) the cost of collection of the rent accruing from time to time under Section 19.1, such reletting and (civ) all Rent and any other net sums required hereunder to be paid costs incurred by Tenant during the remainder of the TermLandlord in connection with such reletting, diminished reduced by any net sums thereafter received by Landlord through reletting the Premises during such periodLeased Premises; provided, after deducting all costs incurred by Landlord however, that in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord no event shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the any excess of any consideration sums obtained by reletting over and above Rent provided in this Lease to be paid by Tenant to Landlord. For the Rent purpose of such reletting Landlord is authorized to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary. Landlord may file suit to recover any sums falling due hereunder. Reentry by Landlord in under the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may, terms of this Section 18.4 from time to time, bring an and no delivery to or recovery by Landlord of any portion due Landlord hereunder shall be any defense in any action against Tenant to collect amounts due by Tenant, without the necessity recover any amount not theretofore reduced to judgment in favor of Landlord’s waiting until . No reletting shall be construed as an election on the expiration part of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this LeaseLease unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without termination, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time thereafter elect to terminate this Lease under Section 18.1;for such previous default.

Appears in 1 contract

Samples: Lease Agreement and Option to Purchase (Ricks Cabaret International Inc)

Termination 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 (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, (b2) all amounts due from time to time under Section 19.119(a) below, and (c3) all Rent and other net 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, after deducting all reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may, after ten (10) days notice to Tenant, remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, 33 Second & Spring Avalara, Inc. without becoming guilty of trespass, or liable for any loss or damage that may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a lease term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s then-existing leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.1;18(a) above.

Appears in 1 contract

Samples: Lease Agreement (Avalara Inc)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating proceed under this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such electionSection 18(b), Landlord may remove all of Tenant’s property from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Industrial Lease Agreement (Solid Power, Inc.)

Termination 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 Landlord: (a1) all Rent and other amounts accrued hereunder to the date of termination of possession, ; (b2) all amounts due from time to time under Section 19.1, 19(a); and (c3) all Rent and other net sums required hereunder to be paid by Tenant Xxxxxx during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting the Premises. Any sums due under the foregoing Section 18(b)(3) shall be calculated and due monthly. If Landlord elects to terminate proceed under this Section 18(b), Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. If and to retake possession of the Premises (and Landlord shall have no duty to make such election)extent required by applicable Law, Landlord shall use commercially reasonable efforts to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to expend funds in connection with reletting the Premises, nor to relet the Premises before leasing other portions of the Building or Complex, as applicable, and Landlord shall not be obligated to accept any prospective tenant proposed by Xxxxxx unless such proposed tenant meets all of Landlord’s leasing criteria. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, LandlordXxxxxxxx’s failure to relet the Premises or to collect rent due for such 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 TenantXxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by TenantXxxxxx, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.218(b). If Landlord elects to proceed under this Section 18.218(b), it may at any time elect to terminate this Lease under Section 18.118(a);

Appears in 1 contract

Samples: Lease Agreement (Senti Biosciences, Inc.)

Termination of Possession. Terminate Tenant’s right to possess the Premises and re-enter the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Landlord shall be entitled to the benefit of all provisions of the public general laws of Maryland and the public local laws and ordinances of the locality in which the Premises is located respecting the summary eviction of tenants in default or tenants holding over, or respecting proceedings in forcible entry and detainer. and in which event Tenant shall pay to Landlord (ai) all Rent and other amounts accrued hereunder to the date of termination of possession, (bii) all amounts due from time to time under Section 19.117.3.1, and (ciii) all Rent and other net 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, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate proceed under this Section 17.2.2, Landlord may remove all of Tenant’s right to possession without terminating this Leaseproperty from the Premises and store the same in a public warehouse or elsewhere at the cost of, and to retake possession for the account of, Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Landlord’s right of the Premises (and Landlord re-entry shall have no duty to make such election), become effective immediately upon an Event of Default. Landlord shall use reasonable efforts to attempt to relet the Premises on such terms as further described Landlord in Section 19.4 belowits sole and absolute subjective discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such 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, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.217.2.2. If Landlord elects to proceed under this Section 18.217.2.2, it may at any time elect to terminate this Lease under Section 18.1;17.2.1; or

Appears in 1 contract

Samples: Lease (Tvi Corp)

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