Upon Default by LESSEE Sample Clauses

Upon Default by LESSEE. 1) Upon the default of LESSEE of any of the terms of the Lease and XXXXXX’s failure to cure in accordance with Section Q.1.1, LESSOR may elect to terminate this Lease and require LESSEE to remove all Personal Property and Non- Approved Personal Property and Personal Belongings on the Leased Premises, and require LESSEE to Restore the Leased Premises at LESSEE's sole cost and expense; or, LESSOR may terminate this Lease and remove such Personal Property and Non- Approved Personal Property and Personal Belongings, and Restore the Leased Premises. XXXXXX shall be responsible for the cost of removal and Restoration of the Leased Premises, the same to remain a debt of LESSEE to LESSOR until paid. LESSEE shall also be responsible for all costs associated with the removal of any or all of the Personal Property and Non-Approved Personal Property and Personal Belongings. XXXXXX shall also be responsible for all collection costs including, but not limited to, attorney fees, costs and interest. 2) In the alternative to removal of the Personal Property, Non-Approved Personal Property and Personal Belongings upon default by XXXXXX, LESSOR may place the Leased Premises together with any remaining Personal Property, Non-Approved Personal Property, and Personal Belongings left by LESSEE for re-lease or for sale in LESSOR’s sole discretion in accordance with applicable law. Any amount to be paid to or for the benefit of LESSEE for Personal Property shall be paid less the amount of all sums due and owing to LESSOR by reason of XXXXXX’s default, together with all costs and expenses incurred by XXXXXX as result of XXXXXX’s default. If LESSEE or an affected Lienholder fails to cure any default of the Lease prior to the termination of the Lease, or at the time of the auction, whichever first occurs, the Leasehold Mortgage shall terminate and be of no further force or effect, in which event, LESSEE shall cause the Leasehold Mortgage to be released of record in any records of the Department of Lands, County Records, or Secretary of State’s office, where applicable; Lienholder shall also be required to, and shall cause the Leasehold Mortgage to be released of record in any records of the Department of Lands, County Records, or Secretary of State’s office, where applicable. Any costs and expenses incurred by LESSOR by reason of LESSEE’s default, including, but not limited to, costs to remove any Personal Property, Non-Approved Personal Property and Personal Belongings, the costs of...
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Upon Default by LESSEE. XXXXXX’s failure to comply with any of the terms of this Lease shall be a breach which if not cured as provided herein shall constitute a default and give rise to a basis for termination of the Lease. XXXXXX’s violation of any Land Board or Department of Lands’ policy, rule or state law currently or hereafter adopted and applicable to this Lease or the Leased Premises, shall be a breach, giving rise to a further basis for termination of this Lease. LESSOR shall provide LESSEE thirty (30) days written notice of any such breach or violation and, if applicable, the corrective action required of LESSEE to cure such breach (“Notice of Breach”). The Notice of Breach shall specify a reasonable time to make a correction or cure the violation or breach, if such breach can be cured, which cure period shall be thirty (30) days after the date of mailing the Notice of Breach (“Breach Cure Period”) to LESSEE, unless otherwise set forth in the notice.
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Upon Default by LESSEE. Lessor shall be entitled to exercise any remedies available at law, in equity, products or otherwise, each such remedy being considered cumulative. No single exercise of any remedy set forth herein shall be considered as a waiver to exercise any other remedy.
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Related to Upon Default by LESSEE

  • Upon Default Landlord shall have the right to pursue any one or more of the following remedies:

  • Default by Lessee (a) If Lessee shall make default in making any payment herein provided for and any such default shall continue for a period of ten (10) business days after written notice to Lessee, or if Lessee shall make default in the performance of any obligation of Lessee herein (other than as to payment of money) and any such default shall continue for a period of thirty (30) days after written notice to Lessee, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Leased Premises, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within 30 days of the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor may, at its option, terminate this Lease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any time thereafter, reenter the Leased Premises by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and properly therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any notice in writing of intention to reenter said Leased Premises. Lessor may, in addition to any other remedy provided by law or permitted herein, at its option, relet the Leased Premises (or any part thereof) on behalf of Lessee, applying any monies collected first to the payment of expenses of resuming or obtaining possession, and, second, to the payment of the costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, and any other damages due to the Lessor. Any surplus remaining thereafter shall be paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which deficiency shall be paid upon demand therefor to Lessor.

  • Default by Lessor Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion.

  • Action Upon Default Agent shall not be deemed to have knowledge of any Default or Event of Default, or of any failure to satisfy any conditions in Section 6, unless it has received written notice from a Borrower or Required Lenders specifying the occurrence and nature thereof. If a Lender acquires knowledge of a Default, Event of Default or failure of such conditions, it shall promptly notify Agent and the other Lenders thereof in writing. Each Secured Party agrees that, except as otherwise provided in any Loan Documents or with the written consent of Agent and Required Lenders, it will not take any Enforcement Action, accelerate Obligations (other than Secured Bank Product Obligations) or assert any rights relating to any Collateral.

  • Events of Default by Tenant All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant:

  • Landlord's Remedies Upon Default Upon the occurrence of any such default by Tenant, Landlord shall have, in addition to any other remedies available to Landlord at law or in equity, the option to pursue any one or more of the following remedies, each and all of which shall be cumulative and nonexclusive, without any notice or demand whatsoever.

  • Events of Default Remedies on Default Events of Default . Each of the following shall be an "Event of Default" if it occurs for any reason whatsoever, whether voluntary or involuntary, by operation of law or otherwise:

  • Termination Upon Default Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include:

  • Default by Tenant (a) This Lease is made upon the condition that the Tenant shall punctually and faithfully perform all of the covenants and agreements by it to be performed as herein set forth. If any of the following events shall occur, to-wit: (i) if any installment of Fixed Base Rent, Percentage Rent, or any other sums required to be paid by Tenant hereunder, or any part thereof, shall at any time be in arrears and unpaid for ten (10) days after the date due, or (ii) if there be any default on the part of the Tenant in the observance or performance of any of the other covenants, agreements or conditions of said Lease on the part of Tenant to be kept and performed and said default shall continue for a period of fifteen (15) days after written notice thereof from Landlord to Tenant (unless such default cannot reasonably be cured within fifteen (15) days and in such case, Tenant shall have commenced to cure said default within said fifteen (15) days and thereafter continues diligently to pursue to completion the curing of same) or (iii) if Tenant shall file a petition in bankruptcy or be adjudicated a bankrupt, or file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation, or make an assignment for the benefit of creditors, or (iv) if any trustee, receiver or liquidator of Tenant or of all or any substantial part of its properties shall be appointed in any action, suit or proceeding by or against Tenant and such proceeding or action shall not have been dismissed within thirty (30) days after such appointment, or (v) if the leasehold estate hereby created shall be taken by execution or by other process of law, or (vi) if Tenant shall fail to operate and conduct business as required in Section 8 hereinabove, then, in any such event, Landlord, at Landlord's option and without limiting Landlord in the exercise of any other right or remedy Landlord may have on account of any default by Tenant, may either:

  • LESSOR'S REMEDIES ON DEFAULT If Lessee defaults in the payment of rent or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within thirty (30) days after the giving of such notice (or if the default is of a nature that it cannot be completely cured within such period, if Lessee does not commence such cure within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease on not less than thirty (30) days' notice to Lessee. On the date specified in such notice, the term of this Lease shall terminate and Lessee shall then quit and surrender the Premises to Lessor, without extinguishing Lessee’s liability. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Premises by any lawful means and remove Lessee or other occupants and their effects.

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