Common use of Town Remedies Clause in Contracts

Town Remedies. Upon a Entity Name Event of Default, the Town shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever, concurrently or consecutively and not alternatively: the Town may terminate this Agreement; Upon any termination of this Agreement, whether by lapse of time or otherwise, Entity Name shall surrender possession and vacate the Lease Area immediately and deliver possession thereof to the Town, and the Town may enter into and upon the Lease Area in such event and to repossess the Lease Area and to expel or remove Entity Name and any others who may be occupying or be within the Premises, and to remove Entity Name's signs and other evidence of tenancy and all other property of Entity Name therefrom, subject only to the provisions in § 6.6 on Removal of the System, without the Town being deemed in any manner guilty of trespass, eviction or forcible entry or detainer and without incurring any liability for any damage resulting therefrom, Entity Name waiving any right to claim damages for such re-entry and expulsion, and without relinquishing the Town's right to rent or any other right given to the Town under this Agreement or by operation of law. The Town may, but need not, enter into a new lease of the Lease Area or any part thereof for such rent and upon such terms as the Town, in its sole discretion, shall determine (including the right to re-lease the premises upon such terms as the Town desires, including without limitation a greater or lesser rent, or for a greater or lesser term than that remaining under this Agreement and the right to change the character or use made of the Premises). In connection with or in preparation for any re-leasing, the Town may, but shall not be required to, make repairs or alterations to the Premises to the extent the Town deems necessary or desirable, and Entity Name shall, upon demand, pay the cost thereof, together with Town's expenses of re-leasing; Until such time as the Town shall elect to terminate the Agreement and shall thereupon be entitled to recover the amounts specified herein, Entity Name shall pay to the Town upon demand the full amount of all rent, including any amounts treated as additional rent under this Agreement and other sums reserved in this Agreement for the remaining Term, together with the costs of repairs or alterations and the Town's expenses of re-letting and the collection of the rent accruing therefrom (including attorney's fees and disbursements), as the same shall then be due or become due from time to time, less only such consideration as the Town may have received from any re-leasing of the Premises; and Entity Name agrees that the Town may file suits from time to time to recover any sums falling due under this section as they become due. Any proceeds of re- leasing by the Town in excess of the amount then owed by Entity Name to the Town from time to time shall be credited against Entity Name's future obligations under this Agreement (unless previously terminated) but shall not otherwise be refunded to Entity Name or inure to Entity Name's benefit; the Town, without being under any obligation to do so and without waiving any Entity Name default, may remedy any state of facts constituting a default for the account of Entity Name, immediately upon notice in the case of emergency or if necessary to protect public health or safety, or to avoid forfeiture of a material right, or in any other case, but only provided Entity Name shall have failed to remedy such default within thirty (30) days, or such longer period as may be required due to the nature of such other default (provided Entity Name has commenced and is diligently prosecuting a cure), after the Town notifies Entity Name in writing of the Town’s intention to remedy such other default. All costs reasonably incurred by the Town to remedy such default (including, without limitation, all reasonable and documented attorney’s fees and disbursements), shall be at the expense of Entity Name; Regardless of whether the Town exercises its rights pursuant to this Agreement, it shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the System until Entity Name demonstrates to the reasonable satisfaction of the Town that the events giving rise to the Event of Default have been cured, and that Entity Name has taken all reasonably necessary steps to ensure that such events shall not re-occur. The Town shall not be liable to Entity Name for any damages, losses or claims sustained by or made against Entity Name as a result of the Town’s exercise of possession and operational control of the System except to the extent such damages, losses or claims result from the negligence or willful misconduct of the Town. The Town shall, if taking operational control of the System, recognize the right of any subtenant of which the Town has actual knowledge if such subtenant is then in full compliance with all of its obligations under the applicable sublease of the Premises. The Town shall, however, be entitled to demand that any payments due to Entity Name from any such subtenant be made to Town until the Event of Default has been cured. No subtenant shall incur any liability to Entity Name by reason of compliance or non- compliance with any such demand; If, on account of any breach or default by Entity Name in Entity Name's obligations under the terms and conditions of this Agreement, it shall become necessary or appropriate for the Town to employ or consult with an attorney concerning, or to enforce or defend, any of Town's rights or remedies arising under this Agreement or to respond to or interpret an inquiry of Entity Name under the Agreement, Entity Name agrees to pay all of the Town's attorney's reasonable and documented fees and court costs so incurred. Entity Name expressly waives any right to trial by jury. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Agreement or any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any remedy provided in this Agreement constitute a forfeiture or waiver of any rent due to the Town under this Agreement or of any damages accruing to the Town by reason of the violation of any of the terms, provisions and covenants contained in this Agreement. No act or thing done by the Town or any of its agents, officers or employees during the Term shall be deemed a termination of this Agreement or an acceptance of the surrender of the Premises, and no agreement to terminate this Agreement or accept a surrender of said Premises shall be valid, unless in writing signed by the Town.

Town Remedies. Upon a Entity Name Lessee Event of Default, the Town shall have the option to may pursue any one or more of the following remedies without any notice or demand whatsoever, concurrently or consecutively and not alternatively: : (a) the Town may terminate this Agreement; Upon ; (b) upon any termination of this Agreement, whether by lapse of time or otherwise, Entity Name Lessee shall remove the System from the Lease Area in accordance with the time limits stated in Article 6, Section 7 (b)(i) and (b)(ii), surrender possession and vacate the Lease Area immediately and deliver possession thereof to the Town, and the Town may enter into and upon the Lease Area in such event and to repossess the Lease Area and to expel or remove Entity Name Lessee and any others who may be occupying or be within the Premises, and to remove Entity NameLessee's signs and other evidence of tenancy and all other property of Entity Name Lessee therefrom, subject only to the provisions in § Section 6.6 on Removal of the System, without the Town being deemed in any manner guilty of trespass, eviction or forcible entry or detainer and without incurring any liability for any damage resulting therefrom, Entity Name Lessee waiving any right to claim damages for such re-entry and expulsion, and without relinquishing the Town's right to rent or any other right given to the Town under this Agreement or by operation of law. The Town may, but need not, enter into a new lease of the Lease Area or any part thereof for such rent and upon such terms as the Town, in its sole discretion, shall determine (including the right to re-lease the premises upon such terms as the Town desires, including without limitation a greater or lesser rent, or for a greater or lesser term than that remaining under this Agreement and the right to change the character or use made of the Premises). In connection with or in preparation for any re-leasing, the Town may, but shall not be required to, make repairs or alterations to the Premises to the extent the Town deems necessary or desirable, and Entity Name Lessee shall, upon demand, pay the cost thereof, together with Town's expenses of re-leasing; Until ; (c) until such time as the Town shall elect to terminate the Agreement and shall thereupon be entitled to recover the amounts specified herein, Entity Name Lessee shall pay to the Town upon demand the full amount of all rent, including any amounts treated as additional rent under this Agreement and other sums reserved in this Agreement for the remaining Term, together with the costs of repairs or alterations and the Town's expenses of re-letting and the collection of the rent accruing therefrom (including attorney's fees and disbursements), as the same shall then be due or become due from time to time, less only such consideration as the Town may have received from any re-leasing of the Premises; and Entity Name Lessee agrees that the Town may file suits from time to time to recover any sums falling due under this section as they become due. Any proceeds of re- re-leasing by the Town in excess of the amount then owed by Entity Name Lessee to the Town from time to time shall be credited against Entity NameLessee's future obligations under this Agreement (unless previously terminated) but shall not otherwise be refunded to Entity Name Lessee or inure to Entity NameLessee's benefit; ; (d) the Town, without being under any obligation to do so and without waiving any Entity Name Lessee default, may remedy any state of facts constituting a default for the account of Entity NameLessee, immediately upon notice in the case of emergency or if necessary to protect public health or safety, or to avoid forfeiture of a material right, or in any other case, but only provided Entity Name Lessee shall have failed to remedy such default within thirty (30) days, or such longer period as may be required due to the nature of such other default (provided Entity Name Lessee has commenced and is diligently prosecuting a cure), after the Town notifies Entity Name Lessee in writing of the Town’s intention to remedy such other default. All costs reasonably incurred by the Town to remedy such default (including, without limitation, all reasonable and documented attorney’s fees and disbursements), shall be at the expense of Entity Name; Regardless Lessee; (e) regardless of whether the Town exercises its termination rights pursuant to this Agreement, it during the continuation of an Event of Default by Lessee, Town shall have the right, but not the obligation, and to the extent permitted by Applicable Legal RequirementsRequirements and the Financing Parties, to take possession of the System until Entity Name Lessee demonstrates to the reasonable satisfaction of the Town that the events giving rise to the Event of Default have been cured, and that Entity Name Lessee has taken all reasonably necessary steps to ensure that such events shall not re-occur. The Town shall not be liable to Entity Name Lessee for any damages, losses or claims sustained by or made against Entity Name Lessee as a result of the Town’s exercise of possession and operational control of the System except to the extent such damages, losses or claims result from the negligence or willful misconduct of the Town. The Town shall, if taking operational control of the System, recognize the right of any subtenant of which the Town has actual knowledge if such subtenant is then in full compliance with all of its obligations under the applicable sublease of the Premises. The Town shall, however, be entitled to demand that any payments due to Entity Name Lessee from any such subtenant be made to Town until the Event of Default has been cured. No subtenant shall incur any liability to Entity Name Lessee by reason of compliance or non- non-compliance with any such demand; Ifor (f) if, on account of any breach or default by Entity Name Lessee in Entity NameLessee's obligations under the terms and conditions of this Agreement, it shall become necessary or appropriate for the Town to employ or consult with an attorney concerning, or to enforce or defend, any of Town's rights or remedies arising under this Agreement or to respond to or interpret an inquiry of Entity Name Lessee under the Agreement, Entity Name Lessee agrees to pay all of the Town's attorney's reasonable and documented fees and court costs so incurred. Entity Name Lessee expressly waives any right to trial by jury. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Agreement or any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any remedy provided in this Agreement constitute a forfeiture or waiver of any rent due to the Town under this Agreement or of any damages accruing to the Town by reason of the violation of any of the terms, provisions and covenants contained in this Agreement. No act or thing done by the Town or any of its agents, officers or employees during the Term shall be deemed a termination of this Agreement or an acceptance of the surrender of the Premises, and no agreement to terminate this Agreement or accept a surrender of said Premises shall be valid, unless in writing signed by the Town.

Town Remedies. Upon a Entity Name Event of Default, the Town shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever, concurrently or consecutively and not alternatively: the Town may terminate this Agreement; Upon any termination of this Agreement, whether by lapse of time or otherwise, Entity Name shall surrender possession and vacate the Lease Area immediately and deliver possession thereof to the Town, and the Town may enter into and upon the Lease Area in such event and to repossess the Lease Area and to expel or remove Entity Name and any others who may be occupying or be within the Premises, and to remove Entity Name's signs and other evidence of tenancy and all other property of Entity Name therefrom, subject only to the provisions in § 6.6 on Removal of the System, without the Town being deemed in any manner guilty of trespass, eviction or forcible entry or detainer and without incurring any liability for any damage resulting therefrom, Entity Name waiving any right to claim damages for such re-entry and expulsion, and without relinquishing the Town's right to rent or any other right given to the Town under this Agreement or by operation of law. The Town may, but need not, enter into a new lease of the Lease Area or any part thereof for such rent and upon such terms as the Town, in its sole discretion, shall determine (including the right to re-lease the premises upon such terms as the Town desires, including without limitation a greater or lesser rent, or for a greater or lesser term than that remaining under this Agreement and the right to change the character or use made of the Premises). In connection with or in preparation for any re-leasing, the Town may, but shall not be required to, make repairs or alterations to the Premises to the extent the Town deems necessary or desirable, and Entity Name shall, upon demand, pay the cost thereof, together with Town's expenses of re-leasing; Until such time as the Town shall elect to terminate the Agreement and shall thereupon be entitled to recover the amounts specified herein, Entity Name shall pay to the Town upon demand the full amount of all rent, including any amounts treated as additional rent under this Agreement and other sums reserved in this Agreement for the remaining Term, together with the costs of repairs or alterations and the Town's expenses of re-letting and the collection of the rent accruing therefrom (including attorney's fees and disbursements), as the same shall then be due or become due from time to time, less only such consideration as the Town may have received from any re-leasing of the Premises; and Entity Name agrees that the Town may file suits from time to time to recover any sums falling due under this section as they become due. Any proceeds of re- leasing by the Town in excess of the amount then owed by Entity Name to the Town from time to time shall be credited against Entity Name's future obligations under this Agreement (unless previously terminated) but shall not otherwise be refunded to Entity Name or inure to Entity Name's benefit; the Town, without being under any obligation to do so and without waiving any Entity Name default, may remedy any state of facts constituting a default for the account of Entity Name, immediately upon notice in the case of emergency or if necessary to protect public health or safety, or to avoid forfeiture of a material right, or in any other case, but only provided Entity Name shall have failed to remedy such default within thirty (30) days, or such longer period as may be required due to the nature of such other default (provided Entity Name has commenced and is diligently prosecuting a cure), after the Town notifies Entity Name in writing of the Town’s intention to remedy such other default. All costs reasonably incurred by the Town to remedy such default (including, without limitation, all reasonable and documented attorney’s fees and disbursements), shall be at the expense of Entity Name; Regardless of whether the Town exercises its rights pursuant to § of this Agreement, it shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the System until Entity Name demonstrates to the reasonable satisfaction of the Town that the events giving rise to the Event of Default have been cured, and that Entity Name has taken all reasonably necessary steps to ensure that such events shall not re-occur. The Town shall not be liable to Entity Name for any damages, losses or claims sustained by or made against Entity Name as a result of the Town’s exercise of possession and operational control of the System except to the extent such damages, losses or claims result from the negligence or willful misconduct of the Town. The Town shall, if taking operational control of the System, recognize the right of any subtenant of which the Town has actual knowledge if such subtenant is then in full compliance with all of its obligations under the applicable sublease of the Premises. The Town shall, however, be entitled to demand that any payments due to Entity Name from any such subtenant be made to Town until the Event of Default has been cured. No subtenant shall incur any liability to Entity Name by reason of compliance or non- compliance with any such demand; If, on account of any breach or default by Entity Name in Entity Name's obligations under the terms and conditions of this Agreement, it shall become necessary or appropriate for the Town to employ or consult with an attorney concerning, or to enforce or defend, any of Town's rights or remedies arising under this Agreement or to respond to or interpret an inquiry of Entity Name under the Agreement, Entity Name agrees to pay all of the Town's attorney's reasonable and documented fees and court costs so incurred. Entity Name expressly waives any right to trial by jury. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Agreement or any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any remedy provided in this Agreement constitute a forfeiture or waiver of any rent due to the Town under this Agreement or of any damages accruing to the Town by reason of the violation of any of the terms, provisions and covenants contained in this Agreement. No act or thing done by the Town or any of its agents, officers or employees during the Term shall be deemed a termination of this Agreement or an acceptance of the surrender of the Premises, and no agreement to terminate this Agreement or accept a surrender of said Premises shall be valid, unless in writing signed by the Town.

Town Remedies. Upon a Entity Name Event of Default, the Town shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever, concurrently or consecutively and not alternatively: the Town may terminate this Agreement; Upon any termination of this Agreement, whether by lapse of time or otherwise, Entity Name shall surrender possession and vacate the Lease Area immediately and deliver possession thereof to the Town, and the Town may enter into and upon the Lease Area in such event and to repossess the Lease Area and to expel or remove Entity Name and any others who may be occupying or be within the Premises, and to remove Entity Name's signs and other evidence of tenancy and all other property of Entity Name therefrom, subject only to the provisions in § 6.6 on Removal of the System, without the Town being deemed in any manner guilty of trespass, eviction or forcible entry or detainer and without incurring any liability for any damage resulting therefrom, Entity Name waiving any right to claim damages for such re-entry and expulsion, and without relinquishing the Town's right to rent or any other right given to the Town under this Agreement or by operation of law. The Town may, but need not, enter into a new lease of the Lease Area or any part thereof for such rent and upon such terms as the Town, in its sole discretion, shall determine (including the right to re-lease the premises upon such terms as the Town desires, including without limitation a greater or lesser rent, or for a greater or lesser term than that remaining under this Agreement and the right to change the character or use made of the Premises). In connection with or in preparation for any re-leasing, the Town may, but shall not be required to, make repairs or alterations to the Premises to the extent the Town deems necessary or desirable, and Entity Name shall, upon demand, pay the cost thereof, together with Town's expenses of re-leasing; Until such time as the Town shall elect to terminate the Agreement and shall thereupon be entitled to recover the amounts specified herein, Entity Name shall pay to the Town upon demand the full amount of all rent, including any amounts treated as additional rent under this Agreement and other sums reserved in this Agreement for the remaining Term, together with the costs of repairs or alterations and the Town's expenses of re-letting and the collection of the rent accruing therefrom (including attorney's fees and disbursements), as the same shall then be due or become due from time to time, less only such consideration as the Town may have received from any re-leasing of the Premises; and Entity Name agrees that the Town may file suits from time to time to recover any sums falling due under this section as they become due. Any proceeds of re- re-leasing by the Town in excess of the amount then owed by Entity Name to the Town from time to time shall be credited against Entity Name's future obligations under this Agreement (unless previously terminated) but shall not otherwise be refunded to Entity Name or inure to Entity Name's benefit; the Town, without being under any obligation to do so and without waiving any Entity Name default, may remedy any state of facts constituting a default for the account of Entity Name, immediately upon notice in the case of emergency or if necessary to protect public health or safety, or to avoid forfeiture of a material right, or in any other case, but only provided Entity Name shall have failed to remedy such default within thirty (30) days, or such longer period as may be required due to the nature of such other default (provided Entity Name has commenced and is diligently prosecuting a cure), after the Town notifies Entity Name in writing of the Town’s intention to remedy such other default. All costs reasonably incurred by the Town to remedy such default (including, without limitation, all reasonable and documented attorney’s fees and disbursements), shall be at the expense of Entity Name; Regardless of whether the Town exercises its rights pursuant to § of this Agreement, it shall have the right, but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the System until Entity Name demonstrates to the reasonable satisfaction of the Town that the events giving rise to the Event of Default have been cured, and that Entity Name has taken all reasonably necessary steps to ensure that such events shall not re-occur. The Town shall not be liable to Entity Name for any damages, losses or claims sustained by or made against Entity Name as a result of the Town’s exercise of possession and operational control of the System except to the extent such damages, losses or claims result from the negligence or willful misconduct of the Town. The Town shall, if taking operational control of the System, recognize the right of any subtenant of which the Town has actual knowledge if such subtenant is then in full compliance with all of its obligations under the applicable sublease of the Premises. The Town shall, however, be entitled to demand that any payments due to Entity Name from any such subtenant be made to Town until the Event of Default has been cured. No subtenant shall incur any liability to Entity Name by reason of compliance or non- non-compliance with any such demand; If, on account of any breach or default by Entity Name in Entity Name's obligations under the terms and conditions of this Agreement, it shall become necessary or appropriate for the Town to employ or consult with an attorney concerning, or to enforce or defend, any of Town's rights or remedies arising under this Agreement or to respond to or interpret an inquiry of Entity Name under the Agreement, Entity Name agrees to pay all of the Town's attorney's reasonable and documented fees and court costs so incurred. Entity Name expressly waives any right to trial by jury. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Agreement or any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any remedy provided in this Agreement constitute a forfeiture or waiver of any rent due to the Town under this Agreement or of any damages accruing to the Town by reason of the violation of any of the terms, provisions and covenants contained in this Agreement. No act or thing done by the Town or any of its agents, officers or employees during the Term shall be deemed a termination of this Agreement or an acceptance of the surrender of the Premises, and no agreement to terminate this Agreement or accept a surrender of said Premises shall be valid, unless in writing signed by the Town.