Termination of Possession. Terminate Lessee's right to possession of the Premises by any lawful means, in which case the Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor 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 Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including: (i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less (ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 3 contracts
Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)
Termination of Possession. Terminate Lessee's 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 by any lawful means(and Landlord shall have no duty to make such election), in which case the Lease Landlord shall terminate and Lessee shall immediately surrender possession of use reasonable efforts to relet the Premises to Lessoras further described in Section 19.4 below. In such eventProvided Landlord substantially complies with Section 19.4, Lessor Landlord shall have the immediate right to reenter and remove all persons and property, and such property may not be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtainedfor, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18.1;
Appears in 3 contracts
Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Termination of Possession. Terminate LesseeTenant's right to possession of the Premises by any lawful means, in which case the under this Lease shall terminate and Lessee shall immediately surrender re-enter and take possession of the Premises to Lessor. In such event, Lessor shall have the immediate right to reenter and remove all persons and propertyPremises, and such property may be removed and stored in a public warehouse relet or elsewhere at attempt to relet the cost of, and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespassPremises, or becoming liable for any loss or damage which may be occasioned thereby. Lessor shall have part thereof, on behalf of and as the right to change the locks on any door agent of the Premises without notifying Lessee of the nameTenant, address or telephone number of an individual or company from whom a new key may be obtainedat such rental and under such terms and conditions as Landlord may, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of LessorLandlord'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 in condition for reletting, and then to the payment of Rent due hereunder and other obligations of Tenant to Landlord arising under this Lease. In the event Landlord is successful in reletting the Premises at a rental rate in excess of that Lessor 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 so terminate this Lease, then Lessor shall be entitled exercise its option under the following subparagraph to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation accept a surrender of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of terminate and cancel this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effectLease, and Landlord shall be entitled to recover from Tenant each monthly installment retake possession and occupancy of the Deficiency as the same shall arise.Premises
Appears in 2 contracts
Samples: Commercial Office Lease (National Health Partners Inc), Commercial Office Lease (National Health Partners Inc)
Termination of Possession. Terminate Lessee's Tenant’s right to possession possess the Premises without terminating this Lease, in which event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the date of termination of possession; (2) all amounts due from time to time under Section 19(a); and (3) an amount equal to (A) the total Rent that Tenant would have been required to pay for the remainder of the Term discounted to present value at a per annum rate equal to the Prime Rate minus one percent (1%), minus (B) the then present fair rental value of the Premises by any lawful meansfor such period, in which case the Lease shall terminate and Lessee shall immediately surrender possession similarly discounted. If Landlord elects to proceed under this Section 18(b), Landlord may remove all of Tenant’s property from the Premises to Lessor. In such event, Lessor shall have and store the immediate right to reenter and remove all persons and property, and such property may be removed and stored same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change return the locks on any door 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 Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 2 contracts
Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 2 contracts
Samples: Industrial Lease Agreement (Solid Power, Inc.), Office Lease Agreement (Markit Ltd.)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 20(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 19(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 19(b). If Landlord elects to proceed under this Section 19(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"19(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Republic Companies Group, Inc.)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 20(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 19(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's defaultbe taken under this Section 19(b). If Landlord elects to proceed under this Section 19(b), including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would it may at any time elect to terminate this Lease under Section 19(a); provided, however, in no event shall Tenant be payable required to pay any sums due under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of for any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.given period more than once; or
Appears in 2 contracts
Samples: Lease Agreement (Airvana Inc), Lease Agreement (Airvana Inc)
Termination of Possession. Terminate LesseeIn the event of the termination of Tenant's right to possession of the Premises by any lawful meanswithout termination of this Lease under Paragraph 13B(2), such termination of possession shall not release Tenant, in which case whole or in part, from Tenant's obligation to pay the Lease shall terminate Rent hereunder for the full Term, and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor Landlord shall have the immediate right right, from time to reenter and remove all persons and propertytime, to recover from Tenant, and Tenant shall remain liable for, all Rent and any other sums thereafter accruing as they become due under this Lease during the period from the date of such property may be removed notice of termination of possession to the stated end of the Term. In any such case, Landlord shall, if and stored in a public warehouse to the extent required by law, relet the Premises or elsewhere at the cost of, and any part thereof for the account of LesseeTenant for such rent, 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 such time (which may be occasioned thereby. Lessor shall have for a term extending beyond the right to change the locks on any door Term of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease) and upon such terms as Landlord, such security and assurances to be satisfactory to Lessor in the exercise of LessorLandlord's sole and absolute discretion. In the event that Lessor , shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effectdetermine, 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 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 entitled to recover from Tenant each monthly installment a credit on its indebtedness to Landlord in excess of the Deficiency 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. No such re-entry or repossession, 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 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 same shall ariseapplication from time to time of the proceeds of any such reletting.
Appears in 2 contracts
Samples: Office Lease (U S Realtel Inc), Office Lease (U S Realtel Inc)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19.(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18.(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may Building. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.(b). If Landlord elects to proceed under this Section 18.(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18.(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.; or
Appears in 2 contracts
Samples: Lease Agreement (Daisytek International Corporation /De/), Lease Agreement (Virtusa Corp)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have Tenants 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lesseeconsideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant's obligations arising under this Leasehereunder for the unexpired Term; rather, such security and assurances Landlord may, from time to be satisfactory time, bring an action against Tenant to Lessor in collect amounts due by Tenant, without the exercise necessity of LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Biomira Inc), Lease Agreement (Biomira CORP)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have the right no obligation to change the locks on any door of the Premises without notifying Lessee of the namemitigate its damages hereunder. In this regard, address or telephone number of an individual or company from whom a new key may Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 2 contracts
Samples: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 20(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section, Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have mitigate its damages and shall use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the nameLandlord’s leasing criteria. So long as Landlord has complied with its obligations hereunder, address or telephone number of an individual or company from whom a new key may Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Txxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Txxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section. If Landlord elects to proceed under this Section, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"19(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)
Termination of Possession. Terminate LesseeUpon termination of Tenant's right to of possession of the Leased Premises pursuant to 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 lawful meanskind to Tenant and without terminating this Lease and without becoming liable for damages or guilty of trespass, in which case event Landlord may, but shall be under no obligation to, relet the Lease same for the account of Tenant (nor shall terminate 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 Lessee upon such terms as shall immediately surrender possession of the Premises be satisfactory to LessorLandlord. In such event, Lessor Tenant shall have the immediate right be liable for and shall pay to reenter and remove Landlord all persons and property, and such property may be removed and stored in a public warehouse or elsewhere Rent payable by Tenant under this Lease (plus interest at the cost of, and for the account past due rate provided in Section 3.5 of Lessee, all without service of notice or resort this Lease if in arrears) plus an amount equal to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent the cost of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effectrecovering possession, less
(ii) The net proceeds the cost of any reletting affected pursuant decorations, repairs, changes, alterations and additions to the provisions Leased Premises, (iii) the cost of Section 14.2 hereof after deducting all collection of Lessor's reasonable expenses the rent accruing from such reletting and (iv) any other costs incurred by Landlord in connection with such reletting, includingreduced by any sums received by Landlord through reletting the Leased Premises; provided, without limitationhowever, all repossession coststhat 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 decorate or to make any repairs, brokerage commissionschanges, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of alterations or additions in or to the Premises, or Leased Premises that may be necessary. Landlord may file suit to recover any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with sums falling due under the terms of this Section 14.2 18.4 from time to time, 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 set forth in an election on the part of Landlord to terminate this Lease unless a written statement thereof from Lessor notice of such intention is given to Lessee (hereinafter called the "Deficiency")Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to Landlord in monthly installments on the days on which the Rent would have been payable under terminate this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arisefor such previous default.
Appears in 2 contracts
Samples: Lease Agreement (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc)
Termination of Possession. Terminate LesseeXxxxxx's right to possession of the Premises Premise by any lawful means, in which case the Lease this Sublease shall terminate and Lessee Tenant shall immediately surrender possession of the Premises to LessorLandlord. In such event, Lessor event Landlord shall have the immediate right to reenter re-enter and remove all persons and property, property and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of LesseeTenant, all without service of notice or 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, ; and Landlord shall be entitled to recover from Tenant each monthly installment all damages incurred by Landlord by reason of Tenant's default, including (i) the worth at the time of the Deficiency award of all Base Rent, Additional Rent and other charges which were earned or were payable at the time of the termination; (ii) 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 earned or were payable after termination until the time of the award 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, 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 cost or expenses incurred by Landlord in 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 same 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 arisehave abandoned the Premises, Landlord 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 (ii) proceeding under Subsection 10.3.2.
Appears in 1 contract
Termination of Possession. Terminate Lessee's Landlord may terminate Tenant’s right to possession of the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord the Lease shall terminate sum of (1) all Rent and Lessee shall immediately surrender possession other amounts accrued hereunder to the date of termination of possession, (2) all amounts due from time to time under Section 17.(a), plus (3) all Rent and other sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises to Lessorduring such period. In such event, Lessor Reentry by Landlord in the Premises 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 not affect Tenant’s obligations hereunder for the account unexpired Term; rather, Landlord may, from time to time, bring action against Tenant to collect amounts due by Tenant, without the necessity of Lessee, 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. Lessor shall have Landlord’s waiting until the right to change the locks on any door expiration of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation Term. Unless Landlord delivers written notice to provide a new key Tenant expressly stating that it has elected to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, all actions taken by Landlord to exclude or dispossess Tenant of the Premises may be deemed to be taken under this Section 16.(b)(ii). If Landlord elects to proceed under this Section 16.(b)(ii), then Lessor shall be entitled it may at any time elect to terminate this Lease under Section 16.(b)(i). Landlord may elect to recover from Lessee all its damages incurred by Lessor by reason of Lessee's default, including:
under Sections 16.(b)(i)(1) and (i2) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this ) or Section 14.2 as set forth 16.(b)(ii)(1) and (2) (or any portion thereof) in a written statement thereof from Lessor separate action (e.g., by summary judgment) without prejudice to Lessee (hereinafter called the "Deficiency"), Landlord’s right to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled bring one or more subsequent actions to recover from additional damages hereunder. Additionally, without notice, Landlord may alter locks or other security devices at the Premises to deprive Tenant each monthly installment of the Deficiency as the same shall ariseaccess thereto.
Appears in 1 contract
Samples: Office Lease (Plains Capital Corp)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (b) all amounts due from time to time under Section 19.1, and Lessee shall immediately surrender possession (c) all Rent and other net sums required hereunder to be paid by Tenant during the remainder of the Premises to Lessor. In such eventTerm, Lessor 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 Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for diminished by any loss or damage which may be occasioned thereby. Lessor shall have the right to change the locks on any door of net sums thereafter received by Landlord through reletting the Premises without notifying Lessee of during such period, after deducting all costs incurred by Landlord in reletting the name, address or telephone number of an individual or company from whom a new key may Premises. Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18.1;
Appears in 1 contract
Samples: Lease Agreement (RetailMeNot, Inc.)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 20(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 19(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 19(b). If Landlord elects to proceed under this Section 19(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"19(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Lease Agreement (Luvu Brands, Inc.)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 18(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 17(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor If (and then only to the extent) required by applicable Law, Landlord shall have use reasonable efforts to relet the right Premises on market terms; however, Landlord shall not be obligated to change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 17(b). If Landlord elects to proceed under this Section 17(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"17(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Lease Agreement (Omega Protein Corp)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) the Lease shall terminate 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 Lessee shall immediately surrender possession other amounts accrued hereunder to the date of termination of possession, (3) all amounts due from time to time under Section 19(a) and (4) all Rent and other net sums required hereunder to be paid by 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 Lessorproceed under this Section 18(b). In such event, Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor To the extent required by law, Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Xxxxxxxx’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Xxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Xxxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b). it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18(a):
Appears in 1 contract
Termination of Possession. Terminate LesseeXxxxxx's right to possession of possess the Leased Premises without terminating this Agreement by any lawful meansgiving written notice thereof to Lessee, in which case event Lessee must pay to Lessor all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, all amounts due from time to time under Section 15.03 (a), and Lessee shall immediately surrender possession all Rent and other net sums required hereunder to be paid by Xxxxxx during the remainder of the Term, diminished by any net sums thereafter received by Xxxxxx through reletting the Leased Premises to Lessor. In during such eventperiod, Lessor shall have the immediate right to reenter and remove after deducting 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 Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages costs incurred by Lessor by reason of Lessee's defaultin reletting the Leased Premises. Lessor may use reasonable efforts to relet the Leased Premises on such terms as Lessor in its sole discretion may determine (including a term different from the Term, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costsrental concessions, and expenses of preparation of alterations to, and improvement of, the Leased Premises). Lessor will not be liable for, nor will Xxxxxx's obligations hereunder be diminished because of, Xxxxxx's failure to relet the Leased Premises or any portion thereof, to collect rent due for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall will not be entitled to recover the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Lessor in the Leased Premises will not affect Xxxxxx's obligations hereunder for the unexpired Term; rather, Lessor may, from Tenant each monthly installment time to time, bring an action against Lessee to collect amounts due by Xxxxxx, without the necessity of Lessor waiting until the expiration of the Deficiency as Term, or may accelerate all Rent due during the same shall ariseremainder of the Term and bring an action against Lessee thereon. Unless Lessor delivers written notice to Xxxxxx expressly stating that it has elected to terminate this Agreement, all actions taken by Xxxxxx to dispossess or exclude Lessee from the Leased Premises will be deemed to be taken under this Section 15.02 (b). If Lessor elects to proceed under this Section 15.02 (b), it may at any time elect to terminate this Agreement under Section 15.02 (a).
Appears in 1 contract
Samples: Lease Agreement
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Lease Agreement (Energytec Inc)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate LesseeUpon termination of Tenant's ------------------------- right to of possession of the Leased Premises pursuant to 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 lawful meanskind to Tenant and without terminating this Lease and without becoming liable for damages or guilty of trespass, in which case event Landlord may, but shall be under no obligation to, relet the Lease same for the account of Tenant (nor shall terminate 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 Lessee upon such terms as shall immediately surrender possession of the Premises be satisfactory to LessorLandlord. In such event, Lessor Tenant 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 Lessee, 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. Lessor and shall have the right pay to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as Landlord all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising Rent payable by Tenant under this Lease, such security and assurances Lease plus an amount equal to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent the cost of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effectrecovering possession, less
(ii) The net proceeds the cost of collection of the rent accruing from such reletting and (iii) any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses other costs incurred by Landlord in connection with such reletting, includingreduced by any sums received by Landlord through reletting the Leased Premises; provided, without limitationhowever, all repossession coststhat 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 decorate or to make any repairs, brokerage commissionschanges, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of alterations or additions in or to the Premises, or Leased Premises that may be necessary. Landlord may file suit to recover any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with sums falling due under the terms of this Section 14.2 18.4 from time to time, 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 set forth in an election on the part of Landlord to terminate this Lease unless a written statement thereof from Lessor notice of such intention is given to Lessee (hereinafter called the "Deficiency")Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to Landlord in monthly installments on the days on which the Rent would have been payable under terminate this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arisefor such previous default.
Appears in 1 contract
Termination of Possession. Terminate Lessee's 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 • all Rent and other amounts accrued hereunder to the date of termination of possession, • all amounts due from time to time under Section 19.1, and • 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 by any lawful means(and Landlord shall have no duty to make such election), in which case the Lease Landlord shall terminate and Lessee shall immediately surrender possession of use reasonable efforts to relet the Premises to Lessoras further described in Section 19.4 below. In such event, Lessor Landlord shall have the immediate right to reenter and remove all persons and property, and such property may not be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtainedfor, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18.1;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Xxxxxx’s right to possession of the Premises by any lawful means, in which case the this Lease shall terminate and Lessee Tenant shall immediately surrender possession of the Premises to LessorLandlord. In such event, Lessor event Landlord shall have the immediate right to reenter 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 LesseeTenant, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor Landlord shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment all damages incurred by Landlord by reason of Tenant’s default, including:
(a) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the Deficiency amount by which the unpaid Rent, which would have been earned after termination until the time of award, exceeds that portion of such Rent loss which Xxxxxx proves could have been reasonably avoided; plus
(c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Lease Term after the time of award exceeds the amount of such Rent loss which Tenant proves could have been reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligation under this Lease or which in the ordinary course of things would be likely to result therefrom, including (i) the cost of restoring the Premises, (ii) retaking possession of the Premises, including reasonable attorneys’ fees therefor, (iii) maintaining or preserving the Premises after any default, (iv) preparing the Premises for reletting to a new Tenant, including repairs or alterations to the Premises, (v) any leasing commission, or (vi) any other costs necessary or appropriate to relet the Premises; plus
(e) At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Applicable Law. As used in Subsections (a) and (b) above, “worth at the same time of award” shall arisebe computed by allowing interest at the Interest Rate. As used in Subsection (c) above, the “worth at the time of award” shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percentage point. [FINAL EXECUTION COPY] -29- 0000 XXXXXXX XXXXXX SMRH:4888-9988-7969.11 Xxxx’s Fashion Lounge, LLC 062923 54RL-374105 DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 Landlord shall not be deemed to have terminated this Lease and the Tenant’s right to possession of the leasehold or the liability of Tenant to pay Rent thereafter to accrue or its liability for damages under any of the provisions hereof, unless Landlord shall have notified Tenant in writing that it has so elected to terminate this Lease. Tenant covenants that the service by Landlord of any notice pursuant to the unlawful detainer statutes of the State and the Tenant’s surrender of possession pursuant to such notice shall not (unless Landlord elects to the contrary at the time of, or at any time subsequent to the service of, such notice, and such election be evidenced by a written notice to Tenant) be deemed to be a termination of this Lease or of Tenant’s right to possession thereof.
Appears in 1 contract
Samples: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord xxiv) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, xxv) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession xxvi) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have not be obligated to relet the right to change the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.; or
Appears in 1 contract
Samples: Lease Agreement (Cirtran Corp)
Termination of Possession. Terminate LesseeUpon termination of Tenant's right of possession to possession of 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 lawful meanskind to Tenant and without terminating this Lease, in which case event Landlord may (but shall not be obligated to) relet the Lease same for the account of Tenant for such rent and upon such terms as shall terminate and Lessee shall immediately surrender possession of the Premises be satisfactory to LessorLandlord. In such event, Lessor Tenant 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 Lessee, 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. Lessor and shall have the right pay to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as Landlord all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising rent payable by Tenant under this Lease, such security and assurances Lease plus an amount equal to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent the cost of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effectrecovering possession, less
(ii) The net proceeds the cost of any reletting affected pursuant decorations, repairs, changes, alterations and additions to the provisions Leased Premises, (iii) the cost of Section 14.2 hereof after deducting all collection of Lessor's reasonable expenses the rent accruing from such reletting, and (iv) any other costs incurred by Landlord in connection with such reletting, includingreduced by any sums received by Landlord through reletting the Leased Premises; provided. however, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, that in no event shall Tenant be entitled to any excess of any sums obtained by reletting over and expenses above rent provided in this Lease to be paid by Tenant to Landlord. For the purpose of preparation of the Premises, or any portion thereof, for such reletting, Landlord is 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. Lessee shall pay such current damages in Landlord may file suit to recover any sums falling due under the amount determined in accordance with the 25 terms of this Section 14.2 from time to time, 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 set forth in an election on the part of Landlord to terminate this Lease unless a written statement thereof from Lessor notice of such intention is given to Lessee (hereinafter called the "Deficiency")Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to Landlord in monthly installments on the days on which the Rent would have been payable under terminate this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arisefor such previous default.
Appears in 1 contract
Samples: Lease (Verio Inc)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Office Lease Agreement
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice to Tenant, in which case the Lease shall terminate and Lessee Tenant shall 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 to LessorPremises. In such event, Lessor shall have the immediate Notwithstanding termination of Tenant’s right to reenter possess the Premises, Tenant shall continue to be responsible to Landlord for all Rent and other amounts due under this Lease subject only to Landlord’s obligation under applicable law, if any, to mitigate its damages. If Landlord elects to proceed under this Section 17(b), Landlord may remove all persons of Tenant’s propert from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all without service of notice or resort Tenant. Landlord shall use reasonable efforts to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Lessor shall have the right to change the locks on any door of relet the Premises without notifying Lessee on such terms as Landlord in its reasonable discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises). Tenant shall not be entitled to the excess of any consideration obtained by reletting over the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising Rent due under this Lease, such security and assurances to be satisfactory to Lessor . Reentry by Landlord in the exercise of Lessor's sole and absolute discretion. In the event that Lessor Premises shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable not affect Tenant’s obligations under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to for the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effectunexpired Term, and Landlord shall be entitled may, from time to recover from time, bring an action against Tenant each monthly installment to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Deficiency as the same shall arise.Term. If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease under Section 18(a);
Appears in 1 contract
Termination of Possession. Terminate LesseeTenant's right to possession of possess ------------------------- the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19.(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18.(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may Building. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.(b). If Landlord elects to proceed under this Section 18.(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18.(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.; or
Appears in 1 contract
Samples: Lease Agreement (Tenfold Corp /Ut)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's If Lessor terminates the right ------------------------- of Lessee to possession of the Leased Premises by any lawful meanswithout terminating this Lease pursuant to paragraph (b) of Section 13.02, such termination of possession shall not release Lessee, in which case whole or in part, from Lessee's obligation to pay the Lease shall terminate rental hereunder for the full term, and Lessee shall immediately surrender possession the present value of the excess of the aggregate amount of the Base Rent over the amount of rent Lessor reasonably could receive by reletting the 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. In such event, Lessor shall have the immediate right to reenter together with any and remove all persons and propertyother moneys due hereunder, and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to immediate recovery of all such amounts. In addition, Lessor shall have the right, from time to time, to 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 on any door of to the Leased Premises, and redecorate the Leased Premises without notifying Lessee of to the nameextent deemed by Lessor as necessary or desirable to relet the Leased Premises, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided shall upon demand pay to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security costs and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretionexpenses thereof. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent should relet the Leased Premises or some portion thereof during the balance of the amount of term, the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions such reletting, after deduction of Section 14.2 hereof after deducting all of Lessor's reasonable costs and expenses in connection with such reletting, the repossession and reletting of the Leased Premises (including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costsleasing commissions, and expenses of preparation of the Premisesrepairs, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"alterations and redecoration and similar expenses), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled applied to recover from Tenant each monthly installment the payment of rentals and the Deficiency as the same shall arisesatisfaction of other obligations of Lessee hereunder.
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 20(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section, Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have mitigate its damages and shall use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the nameLandlord’s leasing criteria. So long as Landlord has complied with its obligations hereunder, address or telephone number of an individual or company from whom a new key may Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section. If Landlord elects to proceed under this Section, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"19(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right to change Premises on such terms as Landlord in its sole discretion may determine (including a term different from the locks on any door Term, rental concessions, and alterations to, and improvement of the Premises); however, Landlord shall not be obligated to relet the Premises without notifying Lessee before leasing other portions of the name, address Building or telephone number Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation consideration obtained by reletting over the Rent due hereunder, but any such excess shall be credited against amounts due and owing to provide a new key Landlord by Tenant pursuant to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease; however, such security and assurances in no event will Landlord be obligated to be satisfactory pay to Lessor Tenant any excess. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 reasonable costs incurred by Landlord in reletting the Premises. If Landlord elects to Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 20(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 19(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Project and Landlord shall not be obligated to accept any prospective tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Xxxxxxxx’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Xxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Xxxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 19(b). If Landlord elects to proceed under this Section 19(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"19(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Lease Agreement (Immatics N.V.)
Termination of Possession. Terminate Lessee's A. Landlord shall have the right, at its election, to terminate Tenant’s right of possession only, without terminating this Lease, on a date specified in a notice from Landlord to Tenant, and on such date, all rights of Tenant with respect to possession of the Premises by any lawful meansshall expire. Upon such date, in which case the Lease shall terminate and Lessee shall immediately surrender possession of Landlord may, at its option, repossess the Premises to Lessor. In such event, Lessor 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 Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including24.3, without limitationterminating this Lease or releasing Tenant, in whole or in part, from any of Tenant’s obligations hereunder, including the payment of Rent hereunder for the full Term.
B. Landlord will make a reasonable attempt to relet all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, or any part of the Premises for such rent and expenses of preparation of upon terms satisfactory to Landlord. If Landlord does not relet the Premises, or any portion thereofTenant will periodically pay Landlord when due all Rent and other amounts due from Tenant to Landlord under this Lease for the remainder of the Lease Term. If the Premises are relet and a sufficient sum is not realized from such reletting (after paying all of the reletting costs and the collection of the rental accruing therefrom) to satisfy the Rent for the remainder of the Lease Term, Tenant will be liable for such reletting. Lessee the difference in Rent and shall pay such current damages in the amount determined in accordance with same upon demand to Landlord. Tenant agrees that Landlord may commence successive actions to recover any sums falling due under the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency")24.2.B., to Landlord in monthly installments on the days on which the Rent would have been payable under or may, upon such reletting, terminate this Lease if this Lease were still pursuant to Section 24.1 and proceed against Tenant in effect, and one action for liquidated damages thereunder. Landlord shall not be entitled liable or responsible for failure to recover from Tenant each monthly installment of relet the Deficiency as Premises, or if the same shall arisePremises are relet, for failure to collect the rent thereof under such reletting.
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises and re-enter the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Landlord shall be entitled to the Lease shall terminate and Lessee shall immediately surrender possession 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 LessorLandlord (i) all Rent and other amounts accrued hereunder to the date of termination of possession, (ii) all amounts due from time to time under Section 17.3.1, and (iii) 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. In such eventIf Landlord elects to proceed under this Section 17.2.2, Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord’s right of re-entry shall have become effective immediately upon an Event of Default. Landlord shall use reasonable efforts to attempt to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may Building. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 17.2.2. If Landlord elects to proceed under this Section 17.2.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.17.2.1; or
Appears in 1 contract
Samples: Lease Agreement (Tvi Corp)
Termination of Possession. Terminate LesseeUpon termination of Tenant's right of possession to possession of 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 lawful meanskind to Tenant and without terminating this Lease, in which case event Landlord may (but shall not be obligated to) relet the Lease same for the account of Tenant for such rent and upon such terms as shall terminate and Lessee shall immediately surrender possession of the Premises be satisfactory to LessorLandlord. In such event, Lessor Tenant shall have 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 (i) the immediate right cost of recovering possession, (ii) the cost repairs, changes, alterations and additions to reenter and remove all persons and propertythe Leased Premises, (iii) the cost of collection of the rent accruing from such reletting, and (iv) any other costs incurred by Landlord in connection with any such property may be removed and stored reletting, reduced by any sums received by Landlord through reletting the Leased Premises; provided, however, that in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor no event shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall Tenant be entitled to recover from Lessee all damages incurred any excess of any sums obtained by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent reletting over and Additional Rent which would be payable under above rent provided in this Lease to be paid by Lessee if this Lease were still in effect, less
(ii) The net proceeds Tenant to Landlord. For the purpose of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, Landlord is authorized 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, 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 part of Landlord to terminate this Lease unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous default. Landlord shall use reasonable efforts to relet the Leased Premises on such terms and conditions as Landlord, in Landlord's sole discretion, may determine (including, without limitation, all repossession costsa term different from the Lease Term, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costsrental concessions, and expenses of preparation alterations to and improvements of the Leased Premises); but Landlord shall never be obligated to relet the Leased Premises before leasing other rentable areas within the Building, or any portion thereof, for such reletting. Lessee it being the intent of the parties that Tenant shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth not be placed in a written statement thereof from Lessor preferential position by reason of Tenant's own default. Any sums received by Landlord through reletting shall reduce the sums owing by Tenant to Lessee (hereinafter called the "Deficiency")Landlord, to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord but Tenant shall not be entitled to recover from any excess of any sums obtained by reletting over and above the Base Rental provided in this Lease under any circumstances. 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 each monthly installment of the Deficiency as the same shall ariseby Landlord. Notwithstanding any such reletting without termination, Landlord may, at any time thereafter, elect to terminate this Lease for such previous default.
Appears in 1 contract
Samples: Lease Agreement (Wyndham Hotel Corp)
Termination of Possession. Terminate Lessee's 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 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 Xxxxxx’s right to possession without terminating this Lease, and to retake possession of the Premises by any lawful means(and Landlord shall have no duty to make such election), in which case the Lease Landlord shall terminate and Lessee shall immediately surrender possession of use reasonable efforts to relet the Premises to Lessoras further described in Section 19.4 below. In such event, Lessor Landlord shall have the immediate right to reenter and remove all persons and property, and such property may not be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtainedfor, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Xxxxxxxx’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Xxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Xxxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18.1;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor If and to the extent required by applicable Law, Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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 therebythereby (except for Landlord’s gross negligence). Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such commercially reasonable terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor In no event shall have the right Landlord ever be obligated to change the locks on any door of relet or to attempt to relet the Premises without notifying Lessee of or any part thereof while other space remains available for lease at the nameComplex; provided, address or telephone number of an individual or company from whom a new key may be obtainedhowever, nor that Landlord shall Lessor have any obligation make commercially reasonable efforts to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of relet the Premises, taking into account the space then available or any portion thereofscheduled to become available for lease at the Complex, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and it being understood that Landlord shall be entitled to recover let and attempt to let space available or scheduled to become available at the Complex during the unexpired Term in preference to the Premises. In 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 each monthly installment to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Deficiency as 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 same Premises shall arise.be deemed to be taken under this Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease under Section 18(a);
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Xxxxxxxx’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Xxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Xxxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section l8(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a) below, and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the commercially reasonable cost of, and for the account of Lesseeof, all Tenant, without service of notice or resort to legal process and without being deemed becoming guilty of trespass, or becoming liable for any loss or damage which that may be occasioned thereby. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s then-existing leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(iiunder Section 18(a) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall ariseabove.
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Lease Agreement (Alco Stores Inc)
Termination of Possession. Terminate Lessee's Upon any Event of Default, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means, in which case the Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor 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 Lessee, 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. Lessor shall have the right to change the locks on any door of possess the Premises without notifying Lessee terminating this Lease by giving written notice thereof to Tenant. Upon any such election by Landlord, 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 sums that Tenant is required to pay during the remainder of the nameTerm, address or telephone number of an individual or company from whom a new key may 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. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation Tenant’s obligations hereunder be diminished because of, Landlord’s failure to provide a new key relet the Premises or to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses collect rent due in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses . The termination of preparation of Tenant’s right to possess the Premises, or any portion thereof, for such reletting. Lessee Premises shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable not affect Tenant’s obligations under this Lease if this Lease were still in effectfor the unexpired Term; rather, and Landlord shall be entitled may, from time to recover time, bring an action against Tenant to collect amounts due from Tenant each monthly installment Tenant, without the necessity of Landlord’s waiting until the expiration of the Deficiency as Term. If the same shall arisereletting results in the Landlord’s receipt of net consideration which exceeds the amount of the Rent, Tenant will have no claim to such excess.
Appears in 1 contract
Samples: Office Lease (Englobal Corp)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19.(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18.(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have no obligation to relet the right to change the locks on any door of the Premises without notifying Lessee of the namePremises, address or telephone number of an individual or company from whom a new key may and Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, such security and assurances Landlord's failure to be satisfactory relet the Premises or to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, collect rent due for such reletting. Lessee Tenant shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall not be entitled to recover from Tenant each monthly installment the excess of any consideration obtained by reletting over the Deficiency as Rent due hereunder. Reentry by Landlord in the same Premises shall arise.not affect Tenant's obligations hereunder for the unexpired Term; rather, Landlord
Appears in 1 contract
Termination of Possession. Terminate LesseeWithout judicial process, immediately terminate Tenant's right 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 obligation whatsoever to tender to Tenant a key for new locks installed in the Premises, (ii) Tenant shall have no further right to possession of the Premises by any lawful means, in which case the Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor 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 Lessee, 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. Lessor shall (iii) Landlord will have the right to change relet the locks Premises or any part thereof on such terms as Landlord deems advisable, taking into account the factors described in subparagraph 19(d). Any rent received by Landlord from reletting the Premises or a part thereof shall be applied first, to the payment of any door amounts other than rent due hereunder from Tenant to Landlord (in such order as Landlord shall designate), second, to the payment of the Premises without notifying Lessee reletting expenses (which shall mean the product of the name, address or telephone number expenses of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession refurbishing costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration advertising costs, brokerage fees, leasing commissions and expenses other reasonably necessary expenses, multiplied by a fraction, the numerator of preparation which is the number of months then remaining in the Term of this Lease at the time of the Premisesdefault 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 any failure to relet the Premises or any portion thereof, part thereof or for any failure to collect any rent due upon any such reletting. Lessee shall pay No such current damages in re-entry or taking of possession of the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and 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, at any time, entitled to recover from Tenant each monthly installment of the Deficiency as the same shall ariseany such rental. Landlord may at any time after a reletting elect to terminate this Lease.
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 17(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 17(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s standard leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 17(b). If Landlord elects to proceed under this Section 17(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"17(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Samples: Office Lease Agreement (Cross Country Healthcare Inc)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a) below, and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right Landlord may, after ten (10) days notice to reenter and Tenant, remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 33 Second & Spring Avalara, Inc. without service of notice or resort to legal process and without being deemed becoming guilty of trespass, or becoming liable for any loss or damage which that may be occasioned thereby. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s then-existing leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(iiunder Section 18(a) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall ariseabove.
Appears in 1 contract
Samples: Lease Agreement (Avalara Inc)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) the Lease shall terminate 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 Lessee shall immediately surrender possession other amounts accrued hereunder to the date of termination of possession, (3) all amounts due from time to time under Section 19(a) and (4) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor To the extent required by law, Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the nameLandlord's leasing criteria. If Landlord has used such reasonable efforts to relet, address or telephone number of an individual or company from whom a new key may Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Lease Agreement (Blucora, Inc.)
Termination of Possession. Terminate Lessee's 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 by any lawful means(and Landlord shall have no duty to make such election), in which case the Lease Landlord shall terminate and Lessee shall immediately surrender possession of use reasonable efforts to relet the Premises to Lessoras further described in Section 19.4 below. In such event, Lessor Landlord shall have the immediate right to reenter and remove all persons and property, and such property may not be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtainedfor, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effectunder Section 18.1; 20 0000 XXXXXXXX XXXXXXX – XXXXX XXXXXXXX XXXXX, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.XX 00000 4812-0074-7958.V2
Appears in 1 contract
Samples: Lease Agreement (Dirtt Environmental Solutions LTD)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Lease Agreement (Omtool LTD)
Termination of Possession. Terminate Lessee's Tenant’s right to possess the Premises and re-enter the Premises without terminating this Lease, 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(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 by any lawful means, in which case the Lease shall terminate (and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor Landlord shall have the immediate right no duty to reenter and remove all persons and propertymake such election), and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor Landlord shall have no obligation to relet the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may Premises. Landlord shall not be obtainedliable for, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Xxxxxxxx’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Xxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Xxxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18.1;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 18(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents, or contractors. Lessor Landlord may, at is option, use commercially reasonable efforts to relet the Premises on such terms as Landlord in its sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall have not be obligated to expend funds in connection with reletting the right Premises, nor to change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's 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 by any lawful means(and Landlord shall have no duty to make such election), in which case the Lease Landlord shall terminate and Lessee shall immediately surrender possession of use reasonable efforts to relet the Premises to Lessoras further described in Section 19.4 below. In such event, Lessor Landlord shall have the immediate right to reenter and remove all persons and property, and such property may not be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtainedfor, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting despite such efforts. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18.1;
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises Property without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (b) all amounts due from time to time under Section 17.3, and Lessee shall immediately surrender possession (c) all Rent and other net sums required hereunder to be paid by Tenant during the remainder of the Premises Term of this Lease, diminished by any net sums thereafter received by Landlord through reletting the Property during such period, after deducting all costs incurred by Landlord in reletting the Property. If Landlord elects to Lessor. In such eventproceed under this Section 17.2.2, Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Property and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may not be obtainedliable for, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Property or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Property shall not affect Tenant’s obligations hereunder for the unexpired Term of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease; rather, such security and assurances Landlord may, from time to be satisfactory time, bring an action against Tenant to Lessor in collect amounts due by Tenant, without the exercise necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term of this Lease. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Property shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 17.2.2. If Landlord elects to proceed under this Section 17.2.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.17.2.1;
Appears in 1 contract
Samples: Sublease Agreement (iBio, Inc.)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a) below, and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, without service of notice or resort to legal process and without being deemed becoming guilty of trespass, or becoming liable for any loss or damage which that may be occasioned thereby. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Project and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s then-existing leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(iiunder Section 18(a) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall ariseabove.
Appears in 1 contract
Samples: Lease Agreement (Hipcricket, Inc.)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) all Rent and other net sums required hereunder to be paid by 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor If and to the extent required by applicable Law, Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Xxxxxxxx’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Xxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Xxxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the 28 Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor If and to the extent required by applicable Law, Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 20(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 19(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 19(b). If Landlord elects to proceed under this Section 19(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"19(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Lease Agreement (Aviall Inc)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19.1, and Lessee shall immediately surrender possession (3) 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. Landlord shall not be obligated to Lessor. In such event, Lessor shall have relet 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 Lessee, 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. Lessor shall have the right to change the locks on any door Premises before leasing other portions of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may Building. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 19.2. If Landlord elects to proceed under this Section 19.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.19.1;
Appears in 1 contract
Termination of Possession. Terminate Lessee's 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 (i) all Rent and other amounts accrued hereunder to the date of termination of possession, (ii) all amounts due from time to time under Section 9.3(a), and (iii) 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 by any lawful means(and Landlord shall have no duty to make such election), in which case the Lease Landlord shall terminate and Lessee shall immediately surrender possession of use reasonable efforts to relet the Premises to Lessoras further described in Section 9.3(d) below. In such event, Lessor Landlord shall have the immediate right to reenter and remove all persons and property, and such property may not be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtainedfor, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 9.2(b). If Landlord elects to proceed under this Section 9.2(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"9.2(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Gross Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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. If Landlord has used commercially reasonable efforts to relet the namePremises, address or telephone number of an individual or company from whom a new key may then Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Gross Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Samples: Office Lease Agreement (Cray Inc)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case the Lease shall terminate and Lessee event Tenant shall immediately surrender possession of the Premises to LessorLandlord for Tenant’s account and pay to Landlord: (A) all Rent and other amounts accrued hereunder to the date of termination; (B) all amounts due from time to time under Section 19(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. In such eventIf Landlord elects to proceed under this Section 18(a)(ii), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have mitigate Tenant’s liability under this Section 18(a)(ii) by using Landlord’s commercially reasonable best efforts to promptly relet the right to change Premises on such terms as Landlord in commercially reasonable discretion may determine (including a term different from the locks on any door Term, rental concessions, and alterations to, and improvement of, the Premises). Notwithstanding the foregoing however, Landlord shall not be obligated to: (I) relet the Premises before leasing other portions of the Premises without notifying Lessee Building; or (II) accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s commercially reasonable leasing criteria. Tenant shall not be entitled to the name, address or telephone number excess of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation consideration obtained by reletting over the Rent due hereunder. Unless Landlord delivers written notice to provide a new key Tenant expressly stating that it has elected to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.Section
Appears in 1 contract
Termination of Possession. Terminate LesseeTenant's right to possession of the Premises by exercising self-help or any other lawful means, in which case the Lease shall terminate and Lessee Tenant shall immediately surrender possession of the Premises to LessorLandlord. In such event, Lessor 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 LesseeTenant, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address except for Landlord's gross negligence or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretionwillful misconduct. In the event that Lessor Landlord shall elect to so terminate this Lease, then Lessor Landlord shall be entitled to recover from Lessee Tenant all damages incurred by Lessor Landlord by reason of LesseeTenant's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee Tenant if this Lease were still in effect, less
(ii) The net proceeds of any commercially reasonable reletting affected pursuant to the provisions of Section 14.2 14.2(e) hereof after deducting all of LessorLandlord's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee Tenant shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor Landlord to Lessee Tenant (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Termination of Possession. Terminate LesseeA. Landlord shall have the right at its election to terminate Tenant's right of possession only, without terminating this Lease, on a date specified in a notice from Landlord to Tenant, and on such date, all rights of Tenant with respect to possession of the Premises by any lawful meansshall expire. Upon such date, in which case the Lease shall terminate and Lessee shall immediately surrender possession of Landlord may, at its option, repossess the Premises to Lessor. In such event, Lessor 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 Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof SECTION 21.3, without terminating this Lease or releasing Tenant, in whole or in part, from any of Tenant's obligations hereunder, including the payment of Rent hereunder for the full Term.
B. Landlord will make a reasonable attempt to relet all or any part of the Premises for such rent and upon terms satisfactory to Landlord. If Landlord does not relet the Premises, Tenant will periodically pay Landlord when due all Rent and other amounts due from Tenant to Landlord under this Lease for the remainder of the Lease Term. If the Premises are relet and a sufficient sum is not realized from such reletting (after deducting paying all of Lessor's reasonable expenses the reletting costs and the collection of the rental accruing therefrom) to satisfy the Rent for the remainder of the Lease Term, Tenant will be liable for the difference in connection with Rent and shall pay same upon demand to Landlord. Tenant agrees that Landlord may commence successive actions to recover any sums falling due under the terms of this SECTION 21.2.B., or may, upon such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, terminate this Lease pursuant to SECTION 21.1 and expenses of preparation of proceed against Tenant in one action for liquidated damages thereunder. Landlord shall not be liable or responsible for failure to relet the Premises, or any portion thereofif the Premises are relet, for failure to collect the rent thereof under such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Termination of Possession. Terminate LesseeUpon the occurrence of any Event of Default, Landlord shall have the option to pursue any one or more of the following remedies without notice or demand whatsoever, in addition to, or in lieu of, any and all remedies available to Landlord under the laws of the state in which the Building is located:
i. Landlord may give Tenant written notice of its election to terminate this Lease, effective on the date specified therein, whereupon Tenant's right to possession of the Premises by any lawful means, in which case the Lease shall terminate cease and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor 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 Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances except as to be satisfactory to Lessor Tenant's liability determined in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Leaseaccordance with Section 7.2c herein below, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:terminated.
(i) The equivalent of the amount of the Base Rent ii. Landlord and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, its agents may immediately re-enter and expenses of preparation take possession of the Premises, or any portion part thereof, either by summary proceedings, or by any other applicable action or proceeding, or by force or otherwise (without being liable for indictment, prosecution or damages therefor) and may repossess same as Landlord's former estate and expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, without being deemed guilty in any manner of trespass, and without prejudice to any remedies for arrears of rent or Tenant's breach of covenants or conditions.
iii. Should Landlord elect to re-enter as provided hereinabove or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord may, from time to time, without terminating this Lease, relet the Premises or any part thereof in Landlord's or Tenant's name, but for the account of Tenant (subject to the provisions of Section 7.2b), for such reletting. Lessee shall pay term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the Term) and on such current damages terms and conditions (which may include concessions of free rent and alteration, repair and improvement of the Premises) as Landlord, in its sole discretion, may determine, and Landlord may collect and receive the amount determined in accordance with the terms rents therefor without relieving Tenant of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable any liability under this Lease if or otherwise affecting any such liability. Landlord shall have no obligation to relet the Premises or any part thereof and shall in no event be liable for failure to relet the Premises or any part thereof, or, in the event of any such reletting, for refusal or failure to collect any rent due upon such reletting, and no such refusal or failure shall operate to relieve Tenant of any liability under this Lease were still in effect, and or otherwise to affect any such liability. No such re-entry or taking possession of the Premises by Landlord shall be entitled construed as an election on Landlord's part to recover terminate this Lease unless a written notice of such intention be given to Tenant. No notice from Landlord hereunder or under a forcible entry and detainer statute or similar law shall constitute an election by Landlord to terminate this Lease unless such notice specifically so states. Landlord reserves the right following any such re-entry and/or reletting to exercise its right to terminate this Lease by giving Tenant each monthly installment of the Deficiency written notice thereof, in which event this Lease will terminate as the same shall arisespecified in said notice.
Appears in 1 contract
Samples: Building Lease (AcuNetx, Inc.)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such event24 proceed under this Section l8(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all be taken under this Section l8(b). If Landlord elects to proceed under this Section l8(b), it may at any time elect to terminate this Lease under Section 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 incurred by Lessor by reason of Lesseetherefor, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in thus effecting compliance with Tenant's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable obligations under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitationbut not limited to, all repossession costs, brokerage commissions, collection costs and legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on plus interest thereon at the days on which the Rent would have been payable under this Lease if this Lease were still in effectDefault Rate. In all instances, and Landlord shall be entitled use commercial reasonable efforts to recover from Tenant each monthly installment of the Deficiency as the same shall arisemitigate its damages.
Appears in 1 contract
Samples: Lease Agreement
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord ( 1 ) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 20(a), and Lessee shall immediately surrender possession (3) all Rent and other net sums required hereunder to he paid by 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 relating the Premises. If Landlord elects to Lessor. In such eventproceed under this Section 19(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor To the extent required by law. Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Xxxxxxxx’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Xxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Xxxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 19(b). If Landlord elects to proceed under this Section 19(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"19(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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. Landlord shall use reasonable efforts to Lessor. In relet the Premises on such eventterms as Landlord in its sole discretion may determine (including a term different from the Term, Lessor shall have the immediate right to reenter and remove all persons and propertyrental concessions, and such property may be removed alterations to, and stored in a public warehouse or elsewhere at the cost improvement of, and for the account of LesseePremises); however, all without service of notice or resort Landlord shall not be obligated to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Lessor shall have relet the right to change the locks on any door Premises before leasing other portions of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may Building. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's xxxxxxe to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Tenant's obligations 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 necexxxxx of LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"1 8(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.; or
Appears in 1 contract
Samples: Lease Agreement (Institutional Equity Holdings Inc /Nv/)
Termination of Possession. Terminate Lessee's right to possession of the Premises by any lawful means, in which case the Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor 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 Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord Lessor in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord Lessor shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Samples: Office Lease (Exe Technologies Inc)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord:
(1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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, except for claims to the extent arising out of Landlord's gross negligence or willful misconduct. Lessor Landlord shall have the right use commercially reasonable efforts to change the locks on any door of relet the Premises without notifying Lessee of after Tenant vacates the namePremises on such terms as Landlord in its sole discretion may determine (including a term different from the Term, address or telephone number of an individual or company from whom a new key may rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
obligated to: (i) The equivalent solicit or entertain negotiations with any other prospective tenants for the Premises until Landlord obtains full and complete possession of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such relettingPremises, including, without limitation, all repossession coststhe final and unappealable legal right to re-let the Premises free of any claim of Tenant, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of (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 portion thereofprospective 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. If Landlord markets 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 obligations hereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such reletting. Lessee Tenant shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall not be entitled to recover 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 each monthly installment to collect amounts due by Tenant, without the necessity of Landlord's waiting until the expiration of the Deficiency as 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 same Premises shall arise.be deemed to be taken under this Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease under Section 18(a); or
Appears in 1 contract
Samples: Office Lease Agreement (Zix Corp)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor Landlord proceeds under either Section 18(a) or Section 18(b), Landlord shall elect use commercially reasonable efforts to so relet the Premises on such terms as Landlord in its 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. 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, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.; or
Appears in 1 contract
Termination of Possession. Terminate LesseeXxxxxx's right to possession of the Premises by any lawful means, in which case the Lease this Sublease shall terminate and Lessee Tenant shall immediately surrender possession of the Premises to LessorLandlord. In such event, Lessor event Landlord shall have the immediate right to reenter and remove all persons and property, property and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of LesseeTenant, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, ; and Landlord shall be entitled to recover from Tenant each monthly installment all damages incurred by Landlord by reason of Tenant's default, including (i) the worth at the time of the Deficiency award of all Base Rent, Additional Rent and other charges which were earned or were payable at the time of the termination; (ii) 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 earned or were payable after termination until the time of the award 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, 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 costs or expenses incurred by Landlord in 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 same 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 arisehave abandoned the Premises, Landlord 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 (ii) proceeding under Subsection 10.3.2.
Appears in 1 contract
Samples: Industrial Real Estate Triple Net Sublease (Copper Mountain Networks Inc)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (i) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (ii) all amounts due from time to time under Section 10.04(a) below; and Lessee shall immediately surrender possession (iii) 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 after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to Lessor. In such eventproceed under this Section 10.03(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant 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. Lessor Reentry by Landlord in the Building shall have not affect Tenant's obligations hereunder for the right unexpired Lease Term; rather, Landlord may, from time to change time, bring an action against Tenant to collect amounts due by Tenant, without the locks on any door necessity of Landlord's waiting until the expiration of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation Lease Term. Unless Landlord delivers written notice to provide a new key Tenant expressly stating that it has elected to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Building or any other portion of the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 10.03(b). If Landlord elects to proceed under this Section 10.03(b), it may at any time thereafter elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"10.03(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Samples: Lease Agreement (SunOpta Inc.)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee 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 the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (i) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (ii) all Default Costs (as defined below); and Lessee shall immediately surrender possession (iii) 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 Lessor. In such eventproceed under this subsection, Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor shall have thereby unless the right to change same is the locks on any door result of the gross negligence of Landlord. Landlord may relet the Premises without notifying Lessee of on such terms as Landlord in its sole discretion may determine (including a term different from the nameTerm, address or telephone number of an individual or company from whom a new key may rental concessions, and alterations to, and improvement of, the Premises). Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if subsection. If Landlord elects to proceed under this subsection, it may at any time elect to terminate this Lease were still in effect, less
under subsection (ii) The net proceeds of any reletting affected pursuant to the provisions of Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Termination of Possession. Terminate Lessee's 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 by any lawful means(and Landlord shall have no duty to make such election), in which case the Lease Landlord shall terminate and Lessee shall immediately surrender possession of use reasonable efforts to relet the Premises to Lessoras further described in Section 19.4 below. In such event, Lessor Landlord shall have the immediate right to reenter and remove all persons and property, and such property may not be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtainedfor, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18,2, If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18.1;
Appears in 1 contract
Samples: Lease Agreement (Mimecast LTD)
Termination of Possession. Terminate LesseeUpon termination of Tenant's right of possession to possession of 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 lawful meanskind to Tenant and without terminating this Lease, in which case event Landlord may (but shall not be obligated to) relet the Lease same for the account of Tenant for such rent and upon such terms as shall terminate and Lessee shall immediately surrender possession of the Premises be satisfactory to LessorLandlord. In such event, Lessor Tenant 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 Lessee, 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. Lessor and shall have the right pay to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation to provide a new key to Lessee until such time as Landlord all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising rent payable by Tenant under this Lease, such security and assurances Lease plus an amount equal to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent the cost of the amount of the Base Rent and Additional Rent which would be payable under this Lease by Lessee if this Lease were still in effectrecovering possession, less
(ii) The net proceeds the cost of any reletting affected pursuant decorations, repairs, changes, alterations and additions to the provisions Leased Premises, (iii) the cost of Section 14.2 hereof after deducting all collection of Lessor's reasonable expenses the rent accruing from such reletting, and (iv) any other costs incurred by Landlord in connection with such reletting, includingreduced by any sums received by Landlord through reletting the Leased Premises; provided, without limitationhowever, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, that in no event shall Tenant be entitled to any excess of any sums obtained by reletting over and expenses above rent provided in this Lease to be paid by Tenant to Landlord. For the purpose of preparation of the Premises, or any portion thereof, for such reletting, Landlord is 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. Lessee shall pay such current damages in the amount determined in accordance with Landlord may file suit to recover any sums falling due under the terms of this Section 14.2 from time to time, 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 set forth in an election on the part of Landlord to terminate this Lease unless a written statement thereof from Lessor notice of such intention is given to Lessee (hereinafter called the "Deficiency")Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to Landlord in monthly installments on the days on which the Rent would have been payable under terminate this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arisefor such previous default.
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession; (2) all amounts due from time to time under Section 19(a); and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor If and to the extent required by applicable Law, Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee Building, and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(b). If Landlord elects to proceed under this Section 18(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.;
Appears in 1 contract
Termination of Possession. Terminate LesseeTenant's right to possession of possess the ------------------------- Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19.(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section 18.(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may Building. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.(b). If Landlord elects to proceed under this Section 18.(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18.(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.; or
Appears in 1 contract
Samples: Lease Agreement (Verisity LTD)
Termination of Possession. Terminate Lessee's 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) amounts due from time to time under Section 19.1, and (c) 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 by any lawful means(and Landlord shall have no duty to make such election), in which case the Lease Landlord shall terminate and Lessee shall immediately surrender possession of use reasonable efforts to relet the Premises to Lessoras further described in Section 19.4 below. In such event, Lessor Landlord shall have the immediate right to reenter and remove all persons and property, and such property may not be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee, 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. Lessor shall have the right to change the locks on any door of the Premises without notifying Lessee of the name, address or telephone number of an individual or company from whom a new key may be obtainedfor, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting despite such efforts. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.18.1;
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord: (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession and Lessee shall immediately surrender possession (2) all Rent and other net sums required hereunder to be paid by 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 relating the Premises. Any sums due under the foregoing Section 13.02(b)(2) shall be calculated and due monthly. If Landlord elects to Lessor. In such eventproceed under this Section 13.02(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor If and to the extent required by applicable Regulations, Landlord shall have use commercially reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change expend funds in connection with reletting the locks on any door Premises, nor to relet the Premises before leasing other portions of the Premises without notifying Lessee Property, and Landlord shall not be obligated to accept any prospective tenant proposed by Xxxxxx unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord’s leasing criteria then in effect. Landlord shall not be obtainedliable for, nor shall Lessor have Tenant’s obligations hereunder be diminished because of, Xxxxxxxx’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise Premises shall not affect Xxxxxx’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Xxxxxx, without the necessity of Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 13.02(b). If landlord elects to proceed under this Section 13.02(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"13.02(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Samples: Modified Industrial Gross Lease (Energy Recovery, Inc.)
Termination of Possession. Terminate LesseeTenant's right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord (1) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, (2) all amounts due from time to time under Section 19(a), and Lessee shall immediately surrender possession (3) 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 Lessor. In such eventproceed under this Section l8(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant's property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its 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 change relet the locks on any door Premises before leasing other portions of the Premises without notifying Lessee Building or Complex and Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of the name, address or telephone number of an individual or company from whom a new key may Landlord's leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have any obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all LesseeTenant's obligations arising under this Leasehereunder be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such security and assurances reletting. Tenant shall not be entitled to be satisfactory to Lessor the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 LessorLandlord's sole and absolute discretionwaiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section l8(b). If Landlord elects to proceed under this Section l8(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"l8(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.; or
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case the Lease shall terminate and Lessee event Tenant shall immediately surrender possession of the Premises to LessorLandlord for Tenant’s account and pay to Landlord: (A) all Rent and other amounts accrued hereunder to the date of termination; (B) all amounts due from time to time under Section 19(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. In such eventIf Landlord elects to proceed under this Section 18(a)(ii), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have mitigate Tenant’s liability under this Section 18(a)(ii) by using Landlord’s commercially reasonable best efforts to promptly relet the right to change Premises on such terms as Landlord in commercially reasonable discretion may determine (including a term different from the locks on any door Term, rental concessions, and alterations to, and improvement of, the Premises). Notwithstanding the foregoing however, Landlord shall not be obligated to: (I) relet the Premises before leasing other portions of the Premises without notifying Lessee Building; or (II) accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of Landlord’s commercially reasonable leasing criteria. Tenant shall not be entitled to the name, address or telephone number excess of an individual or company from whom a new key may be obtained, nor shall Lessor have any obligation consideration obtained by reletting over the Rent due hereunder. Unless Landlord delivers written notice to provide a new key Tenant expressly stating that it has elected to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor in the exercise of Lessor's sole and absolute discretion. In the event that Lessor shall elect to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 18(a)(ii). If Landlord elects to proceed under this Section 18(a)(ii), Landlord may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"18(a)(i), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.
Appears in 1 contract
Termination of Possession. Terminate Lessee's Tenant’s right to possession of possess the Premises without terminating this Lease by any lawful meansgiving written notice thereof to Tenant, in which case event Tenant shall pay to Landlord i) all Rent and other amounts accrued hereunder to the Lease shall terminate date of termination of possession, ii) all amounts due from time to time under Section 24(a) and Lessee shall immediately surrender possession iii) 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 Lessor. In such eventproceed under this Section 24(b), Lessor shall have the immediate right to reenter and Landlord may remove all persons of Tenant’s property from the Premises and property, and such property may be removed and stored store the same in a public warehouse or elsewhere at the cost of, and for the account of Lesseeof, all Tenant, 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. Lessor Landlord shall have use reasonable efforts to relet the right Premises on such terms as Landlord in its sole discretion may determine (including a term different from the Term, rental concessions and alterations to change the locks on any door and improvement of the Premises); however, Landlord shall not be obligated to relet the Premises without notifying Lessee before leasing other portions of the name, address Building or telephone number Complex and; Landlord shall not be obligated to accept any prospective tenant proposed by Tenant unless such proposed tenant meets all of an individual or company from whom a new key may Landlord’s leasing criteria. Landlord shall not be obtainedliable for, nor shall Lessor have 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 obligation to provide a new key to Lessee until such time as all Events of Default have been cured and Lessee has provided to Lessor additional security for or further assurances of Lessee's future performance of all Lessee's obligations arising under this Lease, such security and assurances to be satisfactory to Lessor consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the exercise 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 Lessor's sole and absolute discretionLandlord’s waiting until the expiration of the Term. In the event Unless Landlord delivers written notice to Tenant expressly stating that Lessor shall elect it has elected to so terminate this Lease, then Lessor all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be entitled deemed to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including:
(i) The equivalent of the amount of the Base Rent and Additional Rent which would be payable taken under this Lease by Lessee if Section 24(b). If Landlord elects to proceed under this Section 19(b), it may at any time elect to terminate this Lease were still in effect, less
(ii) The net proceeds of any reletting affected pursuant to the provisions of under Section 14.2 hereof after deducting all of Lessor's reasonable expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, alteration costs, and expenses of preparation of the Premises, or any portion thereof, for such reletting. Lessee shall pay such current damages in the amount determined in accordance with the terms of this Section 14.2 as set forth in a written statement thereof from Lessor to Lessee (hereinafter called the "Deficiency"24(a), to Landlord in monthly installments on the days on which the Rent would have been payable under this Lease if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant each monthly installment of the Deficiency as the same shall arise.; or
Appears in 1 contract
Samples: Lease Agreement (Efj Inc)