USE SUBSEQUENT TO CANCELLATION OR TERMINATION. 29.1 Pan American, upon termination or cancellation pursuant to the Section entitled "Termination by Pan American" of this Agreement, or upon any re-entry, regaining or resumption of possession pursuant to the Section entitled "Right of Re-Entry" of this Agreement, may occupy the Space or may enter into an agreement with another User and shall have the right to permit any person, firm or corporation to enter upon the Space and use the same. Such use may be of part only of the Space or of the entire Space or a part thereof, together with other space, and for a period of time the same as or different from the balance of the term hereunder remaining, and on terms and conditions the same as or different from those set forth in this Agreement. Pan American shall also, upon said termination or cancellation, or upon said re-entry, regaining or resumption of possession, have the right to repair and to make structural or other changes in the Space, including changes which alter the character of the Space and the suitability thereof for the purposes of the User under this Agreement, without affecting, altering or diminishing the obligations of the User hereunder. In the event either of use by others or of any actual use and occupancy by Pan American, there shall be credited to the account of the User against its survived obligations hereunder any net amount remaining after deducting from the amount actually received from any User, licensee, permittee or other occupier in connection with the use of the said Space or portion thereof during the balance of the term of use, and occupancy as the same is originally stated in this Agreement, or from the market value of the occupancy of such portion of the Space as Pan American may itself during such period actually use and occupy, less all expenses, costs and disbursements incurred or paid by Pan American in connection therewith. No such use and occupancy shall be or be construed to be an acceptance of a surrender of the Space, nor shall such use and occupancy constitute a waiver of any rights of Pan American hereunder. Pan American will use its best efforts to minimize damages to User under this Section commensurate with its obligations under the Basic Agreement.
Appears in 2 contracts
Samples: Use and Occupancy Agreement (Macquarie Infrastructure CO Trust), Use and Occupancy Agreement (Macquarie Infrastructure Assets Trust)
USE SUBSEQUENT TO CANCELLATION OR TERMINATION. 29.1 Pan American24.1 The Authority, upon termination or cancellation pursuant to the Section entitled "Termination by Pan American" of this Agreement, or upon any re-entry, regaining or resumption of possession pursuant to the Section entitled "Right of Re-Entry" of this Agreement19 hereof, may occupy the Space Leased Premises or may enter into an agreement with another User lessee and shall have the right to permit any person, firm or corporation to enter upon the Space Leased Premises and use the same. Such use may be of part only of the Space Leased Premises or of the entire Space or a part thereofLeased Premises, together with other spacepremises, and for a period of time the same as or different from the balance of the term hereunder remaining, and on terms and conditions the same as or different from those set forth in this Agreement. Pan American .
24.2 Authority shall also, upon said termination or cancellation, or upon said re-entry, regaining or resumption of possession, have the right to repair and to make structural or other changes in the SpaceLeased Premises, including changes which alter the its character of the Space and the suitability thereof for the purposes purpose of the User Lessee under this Agreement, without affecting, altering or of diminishing the obligations of the User Lessee hereunder. , provided, that any structural changes shall not be at Lessee's expense.
24.3 In the event either of use by others or of any actual use and occupancy by Pan AmericanAuthority, there shall be credited to the account of the User Lessee against its survived obligations hereunder any net amount remaining after deducting from the amount actually received from any Userlessee, licensee, permittee or other occupier in connection with the use of the said Space Leased Premises or portion thereof during the balance of the term of use, use and occupancy as the same is originally stated in this Agreement, or from the market value of the occupancy of such portion of the Space Leased Premises as Pan American Authority may itself during such period actually use and occupy, less all expenses, costs and disbursements incurred or paid by Pan American Authority in connection therewith. No such use and occupancy shall be or be construed to be an acceptance of a surrender of the SpaceLeased Premises, nor shall such use and occupancy constitute a waiver of any rights of Pan American Authority hereunder. Pan American Authority will use its best efforts to minimize damages to User Lessee under this Section commensurate with its obligations under the Basic AgreementSection.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
USE SUBSEQUENT TO CANCELLATION OR TERMINATION. 29.1 27.1 Pan American, upon termination or cancellation pursuant to the Section entitled "Termination by Pan American" of this Agreement, or upon any re-entry, regaining or resumption of possession pursuant to the Section entitled "Right of Re-Entry" of this Agreement, may occupy the Space or may enter into an agreement with another User and shall have the right to permit any person, firm or corporation to enter upon the Space and use the same. Such use may be of part only of the Space or of the entire Space or a part thereof, together with other space, and for a period of time the same as or different from the balance of the term hereunder remaining, and on terms and conditions the same as or different from those set forth in this Agreement. Pan American shall also, upon said termination or cancellation, or upon said re-entry, regaining or resumption of possession, have the right to repair and to make structural or other changes in the Space, including changes which alter the character of the Space and the suitability thereof for the purposes of the User under this Agreement, without affecting, altering or diminishing the obligations of the User hereunder. .
27.2 In the event either of use by others or of any actual use and occupancy by Pan American, there shall be credited to the account of the User against its survived obligations hereunder any net amount remaining after deducting from the amount actually received from any User, licensee, permittee or other occupier in connection with the use of the said Space or portion thereof during the balance of the term of use, use and occupancy as the same is originally stated in this Agreement, or from the market value of the occupancy of such portion of the Space as Pan American may itself during such period actually use and occupy, less all expenses, costs and disbursements incurred or paid by Pan American in connection therewith. .
27.3 No such use and occupancy shall be or be construed to be an acceptance of a surrender of the Space, nor shall such use and occupancy constitute a waiver of any rights of Pan American hereunder. Pan American will use its best efforts to minimize damages to User under this Section commensurate with its obligations under the Basic Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Macquarie Infrastructure Assets LLC), Use and Occupancy Agreement (Macquarie Infrastructure Assets Trust)
USE SUBSEQUENT TO CANCELLATION OR TERMINATION. 29.1 Pan American27.1 The County, upon termination or cancellation pursuant to the Section entitled "Termination by Pan American" of this Agreement, or upon any re-entry, regaining or resumption of possession pursuant to the Section entitled "Right of Re-Entry" of this Agreement22 hereof, may occupy the Space Leased Premises or may enter into an agreement with another User lessee and shall have the right to permit any person, firm or corporation to enter upon the Space Leased Premises and use the same. Such use may be of part only of the Space Leased Premises or of the entire Space or a part thereofLeased Premises, together with other spacepremises, and for a period of time the same as or different from the balance of the term hereunder remaining, and on terms and conditions the same as or different from those set forth in this Agreement. Pan American .
27.2 County shall also, upon said termination or cancellation, or upon said re-entry, regaining or resumption of possession, have the right to repair and to make structural or other changes in the SpaceLeased Premises, including changes which alter the its character of the Space and the suitability thereof for the purposes purpose of the User Lessee under this Agreement, without affecting, altering or of diminishing the obligations of the User Lessee hereunder. , provided, that any structural changes shall not be at Lessee's expense.
27.3 In the event either of use by others or of any actual use and occupancy by Pan AmericanCounty, there shall be credited to the account of the User Lessee against its survived obligations hereunder any net amount remaining after deducting from the amount actually received from any Userlessee, licensee, permittee or other occupier in connection with the use of the said Space Leased Premises or portion thereof during the balance of the term of use, use and occupancy as the same is originally stated in this Agreement, or from the market value of the occupancy of such portion of the Space Leased Premises as Pan American County may itself during such period actually use and occupy, less all expenses, costs and disbursements incurred or paid by Pan American County in connection therewith. No such use and occupancy shall be or be construed to be an acceptance of a surrender of the SpaceLeased Premises, nor shall such use and occupancy constitute a waiver of any rights of Pan American County hereunder. Pan American County will use its best efforts to minimize damages to User Lessee under this Section commensurate with its obligations under the Basic AgreementSection.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
USE SUBSEQUENT TO CANCELLATION OR TERMINATION. 29.1 Pan American27.1 The County, upon termination or cancellation pursuant to the Section entitled "Termination by Pan American" of this Agreement, or upon any re-entry, regaining or resumption of possession pursuant to the Section entitled "Right of Re-Entry" of this Agreement22 hereof, may occupy the Space Leased Premises or may enter into an agreement with another User lessee and shall have the right to permit any person, firm or corporation to enter upon the Space Leased Premises and use the same. Such use may be of only part only of the Space Leased Premises or of the entire Space or a part thereofLeased Premises, together with other spacepremises, and for a period of time the same as or different from the balance of the term hereunder remaining, and on terms and conditions the same as or different from those set forth in this Agreement. Pan American .
27.2 County shall also, upon said termination or cancellation, or upon said re-entry, regaining or resumption of possession, have the right to repair and to make structural or other changes in the SpaceLeased Premises, including changes which alter the its character of the Space and the suitability thereof for the purposes purpose of the User Lessee under this Agreement, without affecting, altering or diminishing the obligations of the User Lessee hereunder. , provided, that any structural changes shall not be at Lessee's expense.
27.3 In the event either of use by others or of any actual use and occupancy by Pan AmericanCounty, there shall be credited to the account of the User Lessee against its survived obligations hereunder any net amount remaining after deducting from the amount actually received from any Userlessee, licensee, permittee or other occupier in connection with the use of the said Space Leased Premises or portion thereof during the balance of the term of use, use and occupancy as the same is originally stated in this Agreement, or from the market value of the occupancy of such portion of the Space Leased Premises as Pan American County may itself during such period actually use and occupy, less all expenses, costs and disbursements incurred or paid by Pan American County in connection therewith. No such use and occupancy shall be or be construed to be an acceptance of a surrender of the SpaceLeased Premises, nor shall such use and occupancy constitute a waiver of any rights of Pan American County hereunder. Pan American County will use its best efforts to minimize damages to User Lessee under this Section commensurate with its obligations under the Basic AgreementSection.
Appears in 1 contract
Samples: Lease Agreement
USE SUBSEQUENT TO CANCELLATION OR TERMINATION. 29.1 Pan American28.1 The County, upon termination or cancellation pursuant to the Section entitled "Termination by Pan American" of this Agreement, or upon any re-entry, regaining or resumption of possession pursuant to the Section entitled "Right of Re-Entry" of this Agreement23 hereof, may occupy the Space Leased Premises or may enter into an agreement with another User lessee and shall have the right to permit any person, firm or corporation to enter upon the Space Leased Premises and use the same. Such use may be of part only of the Space Leased Premises, or of the entire Space or a part thereofLeased Premises, together with other spacepremises, and for a period of time the same as as, or different from from, the balance of the term hereunder remaining, and on terms and conditions the same as as, or different from from, those set forth in this Agreement. Pan American .
28.2 County shall also, upon said termination or cancellation, or upon said re-entry, regaining or resumption of possession, have the right to repair and to make structural or other changes in the SpaceLeased Premises, including changes which alter the its character of the Space and the suitability thereof for the purposes purpose of the User Lessee under this Agreement, without affecting, altering or diminishing the obligations of the User Lessee hereunder. , provided that any structural changes shall not be at Lessee’s expense.
28.3 In the event event, either of use by others or of any actual use and occupancy by Pan AmericanCounty, there shall be credited to the account of the User Lessee against its survived obligations hereunder hereunder, any net amount remaining after deducting from the amount actually received from any Userlessee, licensee, permittee or other occupier in connection with the use of the said Space Leased Premises or portion thereof during the balance of the term of use, use and occupancy as the same is originally stated in this Agreement, or from the market value of the occupancy of such portion of the Space Leased Premises as Pan American County may itself during such period actually use and occupy, less all expenses, costs and disbursements incurred or paid by Pan American County in connection therewith. No such use and occupancy shall be be, or be construed to be be, an acceptance of a surrender of the SpaceLeased Premises, nor shall such use and occupancy constitute a waiver of any rights of Pan American County hereunder. Pan American County will use its best efforts to minimize damages to User Lessee under this Section commensurate with its obligations under the Basic AgreementSection.
Appears in 1 contract
Samples: Lease Agreement
USE SUBSEQUENT TO CANCELLATION OR TERMINATION. 29.1 Pan American28.1 County, upon termination or cancellation pursuant to the Section entitled "Termination by Pan American" of this Agreement, or upon any re-entry, regaining or resumption of possession pursuant to the Section entitled "Right of Re-Entry" of this Agreement23 hereof, may occupy the Space Leased Premises or may enter into an agreement with another User lessee and shall have the right to permit any person, firm or corporation to enter upon the Space Leased Premises and use the same. Such use may be of part only of the Space Leased Premises, or of the entire Space or a part thereofLeased Premises, together with other spacepremises, and for a period of time the same as as, or different from from, the balance of the term hereunder remaining, and on terms and conditions the same as as, or different from from, those set forth in this Agreement. Pan American Lease.
28.2 County shall also, upon said termination or cancellation, or upon said re-entry, regaining or resumption of possession, have the right to repair and to make structural or other changes in the SpaceLeased Premises, including changes which alter the its character of the Space and the suitability thereof for the purposes purpose of the User Lessee under this AgreementLease, without affecting, altering or diminishing the obligations of the User Lessee hereunder. , provided that any structural changes shall not be at Lessee’s expense.
28.3 In the event event, either of use by others or of any actual use and occupancy by Pan AmericanCounty, there shall be credited to the account of the User Lessee against its survived obligations hereunder hereunder, any net amount remaining after deducting from the amount actually received from any Userlessee, licensee, permittee or other occupier in connection with the use of the said Space Leased Premises or portion thereof during the balance of the term of use, use and occupancy as the same is originally stated in this AgreementLease, or from the market value of the occupancy of such portion of the Space Leased Premises as Pan American County may itself during such period actually use and occupy, less all expenses, costs and disbursements incurred or paid by Pan American County in connection therewith. No such use and occupancy shall be be, or be construed to be be, an acceptance of a surrender of the SpaceLeased Premises, nor shall such use and occupancy constitute a waiver of any rights of Pan American County hereunder. Pan American County will use its best efforts to minimize damages to User Lessee and mitigate County’s damages under this Section commensurate with its obligations under the Basic AgreementSections 27 and 28.
Appears in 1 contract
Samples: Lease Agreement
USE SUBSEQUENT TO CANCELLATION OR TERMINATION. 29.1 Pan American27.1 The County, upon termination or cancellation pursuant to the Section entitled "Termination by Pan American" of this Agreement, or upon any re-entry, regaining or resumption of possession pursuant to the Section entitled "Right of Re-Entry" of this Agreement22 hereof, may occupy the Space Leased Premises or may enter into an agreement with another User lessee and shall have the right to permit any person, firm or corporation to enter upon the Space Leased Premises and use the same. Such use may be of part only of the Space Leased Premises or of the entire Space or a part thereofLeased Premises, together with other spacepremises, and for a period of time the same as or different from the balance of the term hereunder remaining, and on terms and conditions the same as or different from those set forth in this Agreement. Pan American .
27.2 County shall also, upon said termination or cancellation, or upon said re-entry, regaining or resumption of possession, have the right to repair and to make structural or other changes in the SpaceLeased Premises, including changes which alter the its character of the Space and the suitability thereof for the purposes purpose of the User Lessee under this Agreement, without affecting, altering or of diminishing the obligations of the User Lessee hereunder. , provided, that any structural changes shall not be at Lessee’s expense.
27.3 In the event either of use by others or of any actual use and occupancy by Pan AmericanCounty, there shall be credited to the account of the User Lessee against its survived obligations hereunder any net amount remaining after deducting from the amount actually received from any Userlessee, licensee, permittee or other occupier in connection with the use of the said Space Leased Premises or portion thereof during the balance of the term of use, use and occupancy as the same is originally stated in this Agreement, or from the market value of the occupancy of such portion of the Space Leased Premises as Pan American County may itself during such period actually use and occupy, less all expenses, costs and disbursements incurred or paid by Pan American County in connection therewith. No such use and occupancy shall be or be construed to be an acceptance of a surrender of the SpaceLeased Premises, nor shall such use and occupancy constitute a waiver of any rights of Pan American County hereunder. Pan American County will use its best efforts to minimize damages to User Lessee under this Section commensurate with its obligations under the Basic AgreementSection.
Appears in 1 contract
Samples: Lease Agreement