Common use of Upon the Clause in Contracts

Upon the. occurrence of an Event of Default hereunder, Landlord may at any time thereafter, without notice or demand except as stated hereafter and without limiting Landlord in the exercise of any other right or remedy which Landlord may have by reason of such default or breach: (a) Enter upon and take possession of the Premises. In such event, Landlord shall have the right to remove all persons and property from the Premises and store such property in a public warehouse or elsewhere at the cost and risk of and for the account of Tenant, and all such persons shall quit and surrender possession of the Premises to Landlord. Tenant hereby waives all claims for damages which may be caused by the entry of Landlord and taking possession of the Premises or removing and storing the furniture and property and hereby agrees to indemnify and save Landlord harmless from any loss, costs, damages or liability occasioned thereby, and no such entry shall be considered or construed to be forcible entry or construed to be a termination of the Lease unless Landlord expressly elects to terminate this Lease. Should Landlord elect to enter, as hereby provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord may then or at any time thereafter terminate this Lease pursuant to Paragraph 16.1(c), below: (b) Tenant and each and every subtenant and assignee of Tenant shall remain and continue liable for the equivalent of the rent and other charges herein reserved and required by the Tenant to be paid and met until the expiration of this Lease and for any and all loss or damage, including all fees and expenses and attorneys' fees which the Landlord may sustain or incur by reason of any such event, and the Landlord may relet all or any part of the Premises at such price and upon such terms and for such duration of time as the Landlord may determine in the name of the Landlord or as agent of the Tenant, or otherwise, and receive the rent therefor and apply the same first to the payment of such expenses and fees as the Landlord may have incurred in entering, dispossessing and in letting, including among others all expenses of the Landlord reasonably incurred in putting the Premises in proper condition (including tenant improvements) and then to the payment of the rent and other charges reserved hereunder and the fulfillment of the Tenant's covenants hereunder, the Tenant and any subtenant of the Tenant and assignee of the Tenant shall remain liable for any deficiency. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of this Lease, unless and until Landlord expressly elects in writing to terminate this Lease; (c) Terminate this Lease and all rights of Tenant therein and recover from Tenant in an action of all of the damages suffered or to be suffered by Landlord, including the damages and costs described in subparagraph (b) above; and (d) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of Florida.

Upon the. occurrence of an Event of Default hereunder, Landlord may at any time thereafter, without notice or demand except as stated hereafter and without limiting Landlord in during the exercise continuation of any of the above Events of Default, Lender shall have, in addition to all other rights and remedies provided herein or by applicable law, all of the rights and remedies of a secured party under the Uniform Commercial Code of the State of Texas, including, but not limited to, the right or remedy which Landlord may have by reason of such default or breach: (a) Enter upon and to take possession of the PremisesCollateral, and for that purpose Lender may, and Borrower hereby authorizes Lender to, enter upon any premises on which Collateral may be located or situated and remove the same therefrom or without removal render the same unusable and may use or dispose of the Collateral on such premises without any liability for rent, storage, utilities or other sums, and upon request Borrower shall, to the extent practicable, assemble and make the Collateral available to Lender at a place to be designated by Lender, which is reasonably convenient to Borrower and Lender. In Borrower agrees that, to the extent notice of sale shall be required by law, at least five days' notice to Borrower of the time and place of any public sale or the time after which any private sale or any other intended disposition is to be made shall constitute reasonable notification of such event, Landlord sale or disposition. Lender shall also have the right to remove all persons apply for and property from have a receiver appointed by a court of competent jurisdiction in any action taken by Lender to enforce its rights and remedies hereunder, to manage, protect and preserve the Premises and store such property in a public warehouse Collateral or elsewhere at continue the cost and risk operation of and for the account business of TenantBorrower, and all such persons shall quit and surrender possession of the Premises to Landlord. Tenant hereby waives all claims for damages which may be caused by the entry of Landlord and taking possession of the Premises or removing and storing the furniture and property and hereby agrees to indemnify and save Landlord harmless from any loss, costs, damages or liability occasioned thereby, and no such entry Lender shall be considered or construed entitled to be forcible entry or construed collect all revenues and profits thereof and apply the same to be a termination the payment of the Lease unless Landlord expressly elects to terminate this Lease. Should Landlord elect to enter, as hereby provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord may then or at any time thereafter terminate this Lease pursuant to Paragraph 16.1(c), below: (b) Tenant and each and every subtenant and assignee of Tenant shall remain and continue liable for the equivalent of the rent all expenses and other charges herein reserved and required by the Tenant to be paid and met until the expiration of this Lease and for any and all loss or damagesuch receivership, including all fees the compensation of the receiver, and expenses to the payment of the Note until a sale or other disposition of such Collateral shall be finally made and attorneys' fees which consummated. In the Landlord may sustain or incur by reason event of any such event, and the Landlord may relet disposition or collection of or any other realization upon all or any part of the Premises at such price and upon such terms and for such duration of time as the Landlord may determine in the name of the Landlord or as agent of the TenantCollateral, or otherwise, and receive the rent therefor and Lender shall apply the same first to the payment proceeds of such expenses and fees disposition, collection or other realization as the Landlord may have incurred in enteringfollows: (a) First, dispossessing and in letting, including among others all expenses of the Landlord reasonably incurred in putting the Premises in proper condition (including tenant improvements) and then to the payment of the rent reasonable costs and expenses of Lender in exercising or enforcing its rights hereunder, including, but not limited to, costs and expenses incurred in retaking, holding and/or preparing the Collateral for sale, lease or other charges reserved hereunder disposition, and to the fulfillment payment of all Lender Expenses; (b) Second, to the payment of the Tenant's covenants hereunder, Note and all other Obligations (as that term is defined in the Tenant and any subtenant of the Tenant and assignee of the Tenant shall remain liable for any deficiency. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of this Lease, unless and until Landlord expressly elects in writing to terminate this Lease;Security Agreement); and (c) Terminate this Lease and all rights of Tenant therein and recover from Tenant in an action of all of Third, the damages suffered surplus, if any, shall be paid to Borrower or to whoever may be suffered by Landlord, including the damages and costs described in subparagraph (b) above; and (d) Pursue any other remedy now or hereafter available lawfully entitled to Landlord under the laws or judicial decisions of the State of Floridareceive such surplus.

Upon the. occurrence of an any Event of Default hereunder, Landlord may at any time thereafterMortgagee may, without notice notice, presentment, demand or demand except protest, all of which are hereby expressly waived by Mortgagor to the extent permitted by applicable law, take such action to protect and enforce its rights in and to the Secured Property, including, but without limiting the generality of the foregoing, the following actions, each of which may be pursued concurrently or otherwise, at such time and in such manner as stated hereafter Mortgagee may determine, without impairing or otherwise affecting the other rights and remedies of Mortgagee hereunder or at law or in equity: A. Mortgagee may declare the entire amount of the Secured Indebtedness immediately due and payable. Thereupon, all of the other Secured Obligations also shall become immediately due and payable. B. Mortgagee may, without releasing Mortgagor from any Secured Obligation or Secured Indebtedness under this Mortgage or any other Loan Document and without waiving any Event of Default, exercise any of its rights and remedies under Article 13 hereof. C. Mortgagee may (w) institute and maintain an action of mortgage foreclosure against any of the Secured Property and against any of the property subject to any of the Additional Mortgages, (x) institute and maintain an action with respect to the Secured Property under any other Loan Document, or (y) take such other action as may be allowed at law or in equity for the enforcement of this Mortgage, the Additional Mortgages and the other Lean Documents. Mortgagee may proceed in any such action to final judgment and execution thereon for the whole of the Secured Indebtedness, together with interest thereon at the Interest Rate, from the date on which Mortgagee shall declare the same to be due and payable to the date of repayment to Mortgagee, and all costs of any such action, including, but without limiting Landlord the generality of the foregoing, reasonable attorneys' fees, costs and disbursements. D. Mortgagee may sell the Secured Property at public outcry to the highest bidder for cash in front of the courthouse door in the exercise county where the Secured Property is located, either in person or by auctioneer, after having first given notice of the time, place and terms of sale by publication once a week for three (3) successive weeks prior to said sale in some newspaper published in said county. Upon payment of the purchase money, the Mortgagee or any person conducting the sale for the Mortgagee is authorized to execute to the purchaser at said sale an assignment of Mortgagor's leasehold estate under any Ground Lease, or a deed to the Real Estate if then owned in fee by Mortgagor. The Mortgagee may bid at said sale and purchase said property or any part thereof if the highest bidder therefor. At any foreclosure sale the Secured Property may be offered for sale and sold as a whole without first offering it in any other right manner or remedy which Landlord may have by reason be offered for sale and sold in any other manner the Mortgagee may elect in its sole discretion. E. Mortgagee may, without releasing Mortgagor from any Secured Obligation or Secured Indebtedness, and without waiving any Event of such default or breach: (a) Enter Default, enter upon and take possession of the Premises. In such eventReal Estate or any portion thereof, Landlord shall have the right to remove all persons and property from the Premises and store such property in a public warehouse either personally or elsewhere at the cost and risk of and for the account of Tenantby its agents, nominees or attorneys, and all such persons shall quit dispossess Mortgagor and surrender possession its agents and servants therefrom and, thereupon, Mortgagee may (x) subject to lease rights in favor of third parties to the Premises to Landlord. Tenant hereby waives all claims for damages which may be caused extent permitted by the entry of Landlord Loan Agreement, use, manage and taking possession of operate the Premises or removing and storing the furniture and property and hereby agrees to indemnify and save Landlord harmless from any loss, costs, damages or liability occasioned therebyReal Estate, and no such entry shall be considered or construed (y) exercise all rights and powers of Mortgagor with respect to be forcible entry or construed to be a termination of the Lease unless Landlord expressly elects to terminate this Lease. Should Landlord elect to enterSecured Property, as hereby provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord may then or at any time thereafter terminate this Lease pursuant to Paragraph 16.1(c), below: (b) Tenant and each and every subtenant and assignee of Tenant shall remain and continue liable for the equivalent of the rent and other charges herein reserved and required by the Tenant to be paid and met until the expiration of this Lease and for any and all loss or damage, including all fees and expenses and attorneys' fees which the Landlord may sustain or incur by reason of any such event, and the Landlord may relet all or any part of the Premises at such price and upon such terms and for such duration of time as the Landlord may determine either in the name of the Landlord or as agent of the Tenant, Mortgagor or otherwise, including, but without limiting the generality of the foregoing, the right to make, cancel, enforce or modify Leases, obtain and receive evict lessees. After deduction of all actual costs and expenses of operating and managing the rent therefor Real Estate, including, but without limiting the generality of the foregoing, reasonable attorneys' fees, costs and apply disbursements, administration expenses, management fees and brokers' commissions, satisfaction of Liens on any of the same first to the Secured Property, payment of such expenses Impositions, claims and fees as the Landlord Insurance Premiums, invoices of Persons who may have incurred in entering, dispossessing supplied goods and in letting, including among others services to or for the benefit of any of the Secured Property and all costs and expenses of the Landlord reasonably incurred in putting maintenance, repair, restoration, alteration or improvement of any of the Premises in proper condition (including tenant improvements) and then Secured Property, Mortgagee shall apply the Rents received by Mortgagee to the payment of the rent Secured Indebtedness or performance of the Secured Obligations. Mortgagee shall apply the Rents received by Mortgagee as provided in Section 16.2 hereof. Mortgagee may, in its sole discretion, determine the method by which, and other charges reserved hereunder extent to which, the Rents will be collected and the fulfillment obligations of the Tenant's covenants hereunder, lessees under the Tenant Leases enforced and Mortgagee may waive or fail to enforce any subtenant right or remedy of the Tenant and assignee of the Tenant shall remain liable for lessor under any deficiency. Acts of maintenance, efforts to relet the Premises, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of this Lease, unless and until Landlord expressly elects in writing to terminate this Lease; (c) Terminate this Lease and all rights of Tenant therein and recover from Tenant in an action of all of the damages suffered or to be suffered by Landlord, including the damages and costs described in subparagraph (b) above; and (d) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of Florida.