Common use of Termination of Tenant’s Possession Clause in Contracts

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Tenant’s right to possess the Premises by any lawful means with or without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s termination of Tenant’s right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s obligations and liabilities under this Lease. If Landlord terminates Tenant’s right to possess the Premises, Tenant shall have five (5) days to re-enter the Premises and remove all persons and property from the Premises. After the five (5) days, Landlord is not obligated to, but may re-enter the Premises and remove all persons and property from the Premises. Upon such re-entry, Landlord is not obligated to, but may relet all or any part of the Premises to a third party or parties for Tenant’s account. Tenant is immediately liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs and expenses Landlord incurs (a) maintaining or preserving the Premises after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the Premises. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, the proceeds of reletting will be applied towards Rent and all amounts payable by Tenant pursuant to this Lease. If the amount Landlord actually collects from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum to future Rent due under this Lease.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Tenant’s 's right to possess the Premises by any lawful means with or without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s 's right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s 's termination of Tenant’s 's right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s 's obligations and liabilities under this Lease. If Landlord terminates Tenant’s 's right to possess the Premises, Tenant shall have five (5) days to Landlord may, but is not obligated to, re-enter the Premises and remove all persons and property from the Premises. After the five (5) days, Landlord is not obligated to, but may re-enter store any property Landlord removes from the Premises in a public warehouse or elsewhere at the cost and remove all persons and property from for the Premisesaccount of Tenant. Upon such re-entry, Landlord is not obligated to, but may shall make reasonable efforts to mitigate its damages by attempting to relet all or any part of the Premises to a third party or parties for Tenant’s 's account. Tenant is immediately liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs and expenses Landlord incurs (a) maintaining or preserving the Premises after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the Premises. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, Tenant will continue to pay Rent when due under this Lease and Landlord will refund to Tenant the proceeds of Net Rent Landlord actually receives from the reletting will be applied towards up to a maximum amount equal to the Rent and all amounts payable by Tenant pursuant to this Leasepaid that came due after Landlord's reletting. If the amount Net Rent Landlord actually collects receives from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum first to (i) future Rent due under this LeaseLease and then to (ii) reimburse Tenant "other indebtedness" and Re-Entry Costs initially deducted by Landlord from the rentals received from reletting the Premises. Landlord may retain any surplus Net Rent remaining at the expiration of the Term.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Tenant’s 's right to possess the Premises by any lawful means with or without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s 's right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s 's termination of Tenant’s 's right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s 's obligations and liabilities under this Lease. If Landlord terminates Tenant’s 's right to possess the Premises, Tenant shall have five (5) days to re-enter the Premises and remove all persons and property from the Premises. After the five (5) days, Landlord is not obligated to, but may re-enter the Premises and remove all persons and property from the Premises. Landlord may store any property Landlord removes from the Premises in a public warehouse or elsewhere at the cost and for the account of Tenant. Upon such re-entry, Landlord is not obligated to, but may relet all or any part of the Premises to a third party or parties for Tenant’s 's account. Tenant is immediately liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs Costs and expenses must pay Landlord incurs (a) maintaining or preserving the Premises same within five days after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the PremisesLandlord's notice to Tenant. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, Tenant will Continue to pay Rent when due under this Lease and Landlord will refund to Tenant the proceeds of Net Rent Landlord actually receives from the reletting will be applied towards up to a maximum amount equal to the Rent and all amounts payable by Tenant pursuant to this Leasepaid that came due after Landlord's reletting. If the amount Net Rent Landlord actually collects receives from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum to future Rent due under this Lease. Landlord may retain any surplus Net Rent remaining at the expiration o(the Term.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Tenant’s right to possess the Premises by any lawful means with or without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s termination of Tenant’s right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s obligations and liabilities under this Lease. If Landlord terminates Tenant’s right to possess the Premises, Tenant shall have five (5) days to re-enter the Premises and remove all persons and property from the Premises. After the five (5) days, Landlord is not obligated to, but may re-enter the Premises and remove all persons and property from the Premises. Landlord may store any property Landlord removes from the Premises in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to pay the storage charges therefor Landlord may deem such property abandoned and cause such property to be sold or otherwise disposed of without further obligation or any accounting to Tenant. Upon such re-entry, Landlord is not obligated to, but may relet all or any part of the Premises to a third party or parties for Tenant’s account. Tenant is immediately liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs Costs and expenses must pay Landlord incurs (a) maintaining or preserving the Premises same within five days after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the PremisesLandlord’s notice to Tenant. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, the proceeds of reletting will be applied towards Tenant remains obligated to pay all Rent and all amounts payable by Tenant pursuant to this Lease. If the amount Landlord actually collects from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum to future Rent when due under this Lease; provided that Landlord will, on a monthly basis, credit any Net Rent received for the current month against Tenant’s Rent obligation for the next succeeding month. If the Net Rent received for any month exceeds Tenant’s Rent obligation for the succeeding month, Landlord may retain the surplus.

Termination of Tenant’s Possession. Re-entry Entry and Reletting Right. Terminate Tenant’s right to possess the Premises by any lawful means with or (and without breach of the peace) without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s termination of Tenant’s right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s obligations and liabilities under this Lease. In such event, this Lease continues in full force and effect (except for Tenant’s right to possess the Premises), and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. If Landlord terminates Tenant’s right to possess the Premises, Tenant shall have five (5) days Landlord is not obligated to reenter, but may re-enter enter, the Premises and (subject to the terms of Section 13.10) remove all persons and property from the PremisesPremises by any lawful means (and without breach of the peace). After the five (5) days, Landlord is not obligated to, but may re-enter store any property that Landlord removes from the Premises in a public warehouse or elsewhere at the cost and remove all persons and property from for the Premisesaccount of Tenant. Upon such re-entryIf Landlord terminates Tenant’s right of possession of the Premises without terminating this Lease, as provided in this Section 14.2.1, then Landlord is not obligated to, but may shall use commercially reasonable efforts to relet all or any part of the Premises to a third party or parties for Tenant’s account. Tenant is immediately shall be liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs Costs and expenses must pay Landlord incurs (a) maintaining or preserving the Premises same within five days after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the PremisesLandlord’s notice to Tenant. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, the proceeds of reletting Tenant will be applied towards continue to pay Rent and all amounts payable by Tenant pursuant to when due under this Lease, and Landlord will refund to Tenant the Net Rent that Landlord actually receives from the reletting up to a maximum amount equal to the Rent that Tenant paid which came due after Landlord’s reletting. If the amount Net Rent that Landlord actually collects receives from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum to future Rent due under this Lease. Landlord may retain any surplus Net Rent remaining at the expiration of the Term.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Tenant’s right to possess the Premises by any lawful means with or without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s termination of Tenant’s right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s obligations and liabilities under this Lease. If Landlord terminates Tenant’s right to possess the Premises, Tenant shall have five (5) days to re-enter the Premises and remove all persons and property from the Premises. After the five (5) days, Landlord is not obligated to, but may re-enter the Premises and remove all persons and property from the Premises. Landlord may store any property Landlord removes from the Premises in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to pay the storage charges therefor Landlord may deem such property abandoned and cause such property to be sold or otherwise disposed of in accordance with applicable Laws without further obligation or any accounting to Tenant. Upon such re-entryentry or upon any Event of Default, Landlord is not obligated toshall use all commercially reasonable efforts to mitigate any damages arising from an Event of Default by Tenant in accordance with the requirements of Arizona law, but and Landlord may relet all or any part of the Premises to a third party or parties for Tenant’s account. Tenant is immediately liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs Costs and expenses must pay Landlord incurs the same within five (a5) maintaining or preserving the Premises days after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the PremisesLandlord’s notice to Tenant. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, the proceeds of reletting will be applied towards Tenant remains obligated to pay all Rent and all amounts payable by Tenant pursuant to this Lease. If the amount Landlord actually collects from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum to future Rent when due under this Lease; provided that Landlord will, on a monthly basis, credit any Net Rent received for the current month against Tenant’s Rent obligation for the next succeeding month. If the Net Rent received for any month exceeds Tenant’s Rent obligation for the succeeding month, Landlord may retain the surplus.

Termination of Tenant’s Possession. ReRE-entry and Reletting RightENTRY AND RELETTING RIGHT. Terminate Tenant’s 's right to possess the Premises by any lawful means with or without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s 's right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s 's termination of Tenant’s 's right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s 's obligations and liabilities under this Lease. If Landlord terminates Tenant’s 's right to possess the Premises, Tenant shall have five (5) days to re-enter the Premises and remove all persons and property from the Premises. After the five (5) days, Landlord is not obligated to, but may re-enter the Premises and remove all persons and property from the Premises. Landlord may store any property Landlord removes from the Premises in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to pay the storage charges therefor Landlord may deem such property abandoned and cause such property to be sold or otherwise disposed of without further obligation or any accounting to Tenant. Upon such re-entry, Landlord is not obligated to, except as necessary to comply with applicable law regarding mitigation of damages, but may relet all or any part of the Premises to a third party or parties for Tenant’s 's account. Tenant is immediately liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs Costs and expenses must pay Landlord incurs (a) maintaining or preserving the Premises same within five days after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the PremisesLandlord's notice to Tenant. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, the proceeds of reletting will be applied towards Tenant remains obligated to pay all Rent and all amounts payable by Tenant pursuant to this Lease. If the amount Landlord actually collects from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum to future Rent when due under this Lease; provided that Landlord will, on a monthly basis, credit any Net Rent received for the current month against Tenant's Rent obligation for the next succeeding month. If the Net Rent received for any month exceeds Tenant's Rent obligation for the succeeding month, Landlord may retain the surplus.

Termination of Tenant’s Possession. Re-entry and Reletting Right. Terminate Tenant’s 's right to possess the Premises by any lawful means with or without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s 's right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s 's termination of Tenant’s 's right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s 's obligations and liabilities under this Lease. If Landlord terminates Tenant’s 's right to possess the Premises, Tenant shall have five (5) days to re-enter the Premises and remove all persons and property from the Premises. After the five (5) days, Landlord is not obligated to, but may re-enter the Premises and remove all persons and property from the Premises. Landlord may store any property Landlord removes from the Premises in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to pay the storage charges therefor Landlord may deem such property abandoned and cause such property to be sold or otherwise disposed of without further obligation or any accounting to Tenant. Upon such re-entry, Landlord is not obligated to, except as necessary to comply with applicable law regarding mitigation of damages, but may relet all or any part of the Premises to a third party or parties for Tenant’s 's account. Tenant is immediately liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs Costs and expenses must pay Landlord incurs (a) maintaining or preserving the Premises same within five days after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the PremisesLandlord's notice to Tenant. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, the proceeds of reletting will be applied towards Tenant remains obligated to pay all Rent and all amounts payable by Tenant pursuant to this Lease. If the amount Landlord actually collects from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum to future Rent when due under this Lease; provided that Landlord will, on a monthly basis, credit any Net Rent received for the current month against Tenant's Rent obligation for the next succeeding month. If the Net Rent received for any month exceeds Tenant's Rent obligation for the succeeding month, Landlord may retain the surplus.

Termination of Tenant’s Possession. ReRE-entry and Reletting RightENTRY AND RELETTING RIGHT. Terminate Tenant’s 's right to possess the Premises by any lawful means with or without terminating this Lease, in which event Tenant will immediately surrender possession of the Premises to Landlord. In such event, this Lease continues in full force and effect (except for Tenant’s 's right to possess the Premises) and Tenant continues to be obligated for and must pay all Rent as and when due under this Lease. Unless Landlord specifically states that it is terminating this Lease, Landlord’s 's termination of Tenant’s 's right to possess the Premises is not to be construed as an election by Landlord to terminate this Lease or Tenant’s 's obligations and liabilities under this Lease. If Landlord terminates Tenant’s 's right to possess the Premises, Tenant shall have five (5) days to re-enter the Premises and remove all persons and property from the Premises. After the five (5) days, Landlord is not obligated to, but may re-enter the Premises and remove all persons and property from the Premises. Landlord may store any property Landlord removes from the Premises in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to pay the storage charges therefore as and when due Landlord may deem such property abandoned and cause such property to be sold or otherwise disposed of without further obligation or any accounting to Tenant. Upon such re-entry, Landlord is not obligated to, but may relet all or any part of the Premises to a third party or parties for Tenant’s 's account. Tenant is immediately liable to Landlord for all costs and expenses Landlord incurs re-entering or reletting all or any part of the Premises (the “Re-entry Costs”), including, without limitation, all costs Costs and expenses must pay Landlord incurs (a) maintaining or preserving the Premises same within five days after an Event of Default; (b) recovering possession of the Premises, recovering persons and property from the Premises and storing such property (including court costs and reasonable attorneys’ fees); (c) reletting, renovating or altering the Premises; and (d) real estate commissions, advertising expenses and similar expenses paid or payable in connection with reletting all or any part of the PremisesLandlord's notice to Tenant. Landlord may relet the Premises for a period shorter or longer than the remaining Term. If Landlord relets all or any part of the Premises, the proceeds of reletting will be applied towards Tenant remains obligated to pay all Rent and all amounts payable by Tenant pursuant to this Lease. If the amount Landlord actually collects from any reletting exceeds such Rent (“Net Rent”), Landlord will apply the excess sum to future Rent when due under this Lease; provided that Landlord will, on a monthly basis, credit any Net Rent received for the current month against Tenant's Rent obligation for the next succeeding month. If the Net Rent received for any month exceeds Tenant's Rent obligation for the succeeding month, Landlord may retain the surplus.