REMEDIES OF LESSOR. Upon the occurrence of any Event of Default and at any time thereafter, Lessor may, in its sole discretion and without notice, exercise one or more of the following remedies without any presentment, demand or protest: (a) terminate the Agreement and all of Lessee's rights as to any or all items of Property; (b) proceed by appropriate court action to personally, or by its agents, take possession from Lessee of any or all items of Property wherever found and for this purpose enter upon Xxxxxx's premises where any item of Property is located and remove such item of Property free from all claims of any nature whatsoever by Xxxxxx and Lessor may thereafter dispose of the Property; provided, however, that any proceeds from the disposition of the Property in excess of the sum required to (i) pay to Lessor an amount equal to the total unpaid principal component of Lease Payments and any other amounts then due under this Agreement, and (iii) pay Lessor's costs and expenses associated with the disposition of the Property and the Event of Default (including attorney’s fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee; (c) proceed by appropriate court action(s) to enforce performance by Lessee of its obligations or to recover damages for the breach or pursue any other remedy available to Lessor at law or in equity or otherwise; (d) declare all unpaid Lease Payments and other sums payable during the current fiscal year of the Lease Term to be immediately due and payable and / or take any and all actions to which Lessor shall be entitled under applicable law. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any right or remedy, but each shall be cumulative of every other right or remedy given at law or in equity or by statute or otherwise. Xxxxxx agrees to pay or reimburse Lessor for, in addition to all other amounts due, all of Lessor's costs of collection, including reasonable attorney fees, whether or not suit or action is filed. UNLESS PROHIBITED BY LAW, XXXXXX AND LESSOR HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.
REMEDIES OF LESSOR. Lessee hereby agrees that the occurrence of any one or more of the events of default set out in Article X hereof, shall also constitute an event of default under each of the Development Financing documents, thereby entitling Lessor, after the expiration of any applicable cure period, at its option, to proceed to exercise any or all of the following remedies:
REMEDIES OF LESSOR. If the Lessee
REMEDIES OF LESSOR. All rights and remedies of Lessor herein set forth are in addition to any and all rights and remedies which are or may be available to Lessor at law or in equity.
REMEDIES OF LESSOR. All payments hereunder required to be made by Lessee to Lessor shall be deemed and considered as rent reserved upon contract, and all remedies now or hereafter given by the laws of the Commonwealth of Virginia for the collection of rent are reserved to Lessor in respect of the sums so payable, and a lien is hereby reserved upon this Lease and the leasehold estate hereby created, to secure the payment of any and all sums. If default be made by Lessee in the payment of the rentals and royalties herein reserved, or in the performance of any of the other terms or conditions hereof required to be kept or performed by Lessee, and such default shall continue for a period of ten (10) days with respect to payment of rentals and royalties, or thirty (30) days with respect to performance of any of the other terms or conditions, after written notification thereof has been received by Lessee, then in such event and as often as the same occurs, Lessor may, at its option, terminate this Lease without any further notice and re-enter upon and take possession of the Leased Premises and hold and possess the same as its absolute property free and clear of any claims of, by, or through Lessee, and pursue any and all other remedies available under the laws of the Commonwealth of Virginia for violation of any covenant or condition hereof, and all such remedies shall be deemed cumulative and not exclusive. Notwithstanding the foregoing, should physical conditions on the Leased Premises prohibit cure of any default (other than payment of rental or royalty) by Lessee within the prescribed thirty (30) day period, then Lessee shall be required to have diligently and in good faith commenced curative measures and shall within ten (10) days of notice of default advise The symbol [***] is used to indicate that a portion of the exhibit has been omitted and filed separately with the commission. Confidential treatment has been requested with respect to the omitted portion. Lessor in detail in writing as to what physical conditions are prohibiting completion of such cure and setting forth a timetable for such cure. Such notice by Lessee to Lessor shall toll the thirty (30) day curative time until physical conditions permit completion of curative work in a diligent good faith fashion. No action by Lessor pursuant to this Section 7 shall impair the right to rental and royalties due or accrued up to the time of termination and re-entry hereunder, but none shall be charged for any period thereaf...
REMEDIES OF LESSOR. Upon the occurrence of any Event of Default by Lessee and at any time thereafter, Lessor may, without any further notice, exercise one or more of the following remedies in its sole discretion: terminate the Property Schedule and all of Lessee's rights as to any or all of the Property financed pursuant thereto; proceed by appropriate court action to personally, or by its agents, take possession from Lessee of any or all of the Property financed pursuant to the Property Schedule wherever found and Lessor may thereafter dispose of such Property; provided, however, that any proceeds from the disposition of such Property in excess of the sum of the following amounts will be paid to Lessee: (a) all costs, including attorneys' fees, incurred in securing possession of such Property; (b) all expenses incurred in completing the disposition of such Property; and (c) the balance of any remaining Lease Payments due in Lessee's current fiscal year for such Property; proceed by appropriate court action or actions to enforce performance by Lessee of its obligations hereunder or to recover damages for Lessee’s breach or pursue any other remedy available to Lessor at law or in equity or otherwise; declare all unpaid Lease Payments and other sums payable under the Property Schedule during the portion of the Lease Term that occurs during Lessee’s current fiscal year to be immediately due and payable without any presentment, demand or protest and/or take any and all actions to which Lessor is entitled under applicable law.
REMEDIES OF LESSOR. 19.01 If Lessee fails to perform any duty or obligation of Lessee under this Lease, Lessor may at its option, without waiver of Default nor any other right or remedy, perform any such duty or obligation on Lessee’s behalf. The costs and expenses of any such performance by Lessor will be immediately due and payable by Lessee upon receipt from Lessor of the reimbursement amount required.
REMEDIES OF LESSOR. In the event LESSEE exercises the Option to Purchase, and the transaction of purchase and sale of the Property contemplated hereby does not Close when and as provided herein for any reason attributable to LESSEE or any person or entity in a relationship to LESSEE (except in the case of a rescission allowed pursuant to Section 6.8.1 above), then such event shall be treated as the giving by LESSEE of a rescission notice under Section 6.8.1 above effective as of the later of the date specified for Closing pursuant to Section 6.4.2 above or the date that LESSOR gives to LESSEE written notice of LESSEE's failure to Close. LESSOR shall accept the payment of costs under Section 6.8.2 above as liquidated damages and as its sole remedy for such a failure of LESSEE to Close.
REMEDIES OF LESSOR. In the event of any default of Lessee as above provided, the Lessor shall have the following rights or remedies, in addition to any rights or remedies that may be given to Lessor by statute, law, equity or otherwise:
REMEDIES OF LESSOR. In the event LESSEE breaches this lease and abandons the LEASED PROPERTY, LESSOR shall have all of the remedies of a landlord provided by the Civil Code of the State of California. 13.2.5
