Common use of BREACH BY TENANT Clause in Contracts

BREACH BY TENANT. 21.01 Upon an event of default by Tenant under the terms, provisions and covenants of this Lease, Landlord, in addition to any rights or remedies that it may have, shall have the right to either terminate this Lease or from time to time, without terminating this Lease, relet the Leased Premises or any part thereof for the account and in the name of Tenant or otherwise, for any such term or terms and on such conditions as Landlord, in its sole discretion, may deem advisable, with the right to make alterations and repairs to the Leased Premises. Tenant shall pay to Landlord, as soon as ascertained, the reasonable costs and expenses incurred by Landlord in such reletting of the Leased Premises, including without limitation, marketing costs, cost of redecorating, repairing, or improving the Leased Premises, attorneys fees and brokerage fees. Rentals received by Landlord from such reletting shall be applied: first, to the payment of any indebtedness, other than rent, due hereunder from Tenant to Landlord; second, to the payment of the reasonable cost of any alterations and repairs to the Leased Premises necessary to return the Leased Premises to good condition, ordinary wear and tear excepted, and the reasonable cost of storing any of Tenant's property left on the Leased Premises at the time of reflecting; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or damages in the event of termination as the same may become due and payable hereunder, and the balance, if any, at the end of the term of this Lease shall be paid to Tenant. Should such rentals received from time to time from such reflecting during any month be less than agreed to be paid during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord; such deficiency shall be calculated and paid monthly on demand. No such reletting of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reflecting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach whether or not cured. Without limiting any other right or remedy to which Landlord may be entitled at law, in equity or hereunder as a result of an event of default hereunder, Landlord at its option may declare all of the base rent due hereunder for the balance of the term hereof and all of the additional rent and other charges hereunder estimated by Landlord to be due hereunder for the balance of the term hereof to be immediately due and payable.

BREACH BY TENANT. 21.01 Upon an 22.01 In the event (i) Tenant shall default in the payment of default Base Rent or any other payment to be made by Tenant under hereunder and Tenant shall not cure such failure within ten (10) days after Landlord gives Tenant written notice the termsthereof, provisions or (ii) Tenant shall violate or breach, or shall fail fully and covenants completely to observe, keep, satisfy, perform and comply with, any agreement, term, covenant, condition, requirement, restriction or provision of this LeaseLease (other than payment of Base Rent or any other payment to be made by Tenant), Landlordand shall not cure such failure within thirty (30) days after Landlord gives Tenant written notice thereof, Landlord in addition to any and all other rights or remedies that it may havehave hereunder, at law or in equity shall have the right to either terminate this Lease or from time to time, time without terminating this Lease, Lease relet the Leased Premises or any part thereof for the account and in the name of Tenant or otherwise, for any such term or terms and on such conditions as Landlord, Landlord in its sole discretion, discretion may deem advisable, advisable with the right to make reasonable alterations and repairs to the Leased Premises. Tenant shall pay to Landlord, as soon as ascertained, the reasonable costs and expenses incurred by Landlord in such reletting of the Leased Premises, including without limitation, marketing costs, cost of redecorating, repairing, or improving the Leased Premises, attorneys fees and brokerage fees. Rentals received by Landlord from in making such reletting shall be applied: first, to the payment of any indebtedness, other than rent, due hereunder from Tenant to Landlord; second, to the payment of the reasonable cost of any alterations and repairs to the Leased Premises necessary to return the Leased Premises to good condition, ordinary wear and tear excepted, and the reasonable cost of storing any of Tenant's property left on the Leased Premises at the time of reflecting; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or damages in the event of termination as the same may become due and payable hereunder, and the balance, if any, at the end of the term of this Lease shall be paid to Tenantrepairs. Should such rentals received from time to time from such reflecting reletting during any month be less than that agreed to be paid during that month by Tenant hereunder, the Tenant shall pay such deficiency to Landlord; such . Such deficiency shall be calculated and paid monthly on demand. No such reletting of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reflecting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach whether or not cured. Without limiting any other right or remedy to which Landlord may be entitled at law, in equity or hereunder as a result of an event of default hereunder, Landlord at its option may declare all of the base rent due hereunder for the balance of the term hereof and all of the additional rent and other charges hereunder estimated by Landlord to be due hereunder for the balance of the term hereof to be immediately due and payablemonthly.

BREACH BY TENANT. 21.01 Upon an 22.01 In the event of a monetary which is not cured within five (5) days of receipt of written notice by Tenant of such default or in the event of nonmonetary default by Tenant under which is not cured within fifteen (15) days of receipt of written notice by Tenant of such default, provided however, if the termsdefault cannot reasonably be cured within such fifteen (15) day period, provisions Tenant shall not be in default if Tenant commences to cure the default within the fifteen (15) day period and covenants of this Lease, Landlord, diligently and in good faith continues to cure the default until completion. Landlord in addition to any and all other rights or remedies that it may havehave hereunder, at law or in equity shall have the right to either terminate this Lease or from time to time, without terminating this Lease, Lease relet the Leased Premises or any part thereof for the account and in the name of Tenant or otherwise, for any such term or terms and on such conditions as Landlord, Landlord in its sole discretion, discretion may deem advisable, advisable with the right to make reasonable alterations and repairs to the Leased Premises. Tenant shall pay to Landlord, as soon as ascertained, the reasonable costs and expenses incurred by Landlord in such reletting of the Leased Premises, including without limitation, marketing costs, cost of redecorating, repairing, or improving the Leased Premises, attorneys fees and brokerage fees. Rentals received by Landlord from in making such reletting shall be applied: first, to the payment of any indebtedness, other than rent, due hereunder from Tenant to Landlord; second, to the payment of the reasonable cost of any alterations and repairs to the Leased Premises necessary to return the Leased Premises to good condition, ordinary wear and tear excepted, and the reasonable cost of storing any of Tenant's property left on the Leased Premises at the time of reflecting; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or damages in the event of termination as the same may become due and payable hereunder, and the balance, if any, at the end of the term of this Lease shall be paid to Tenantrepairs. Should such rentals received from time to time from such reflecting reletting during any month be less than that agreed to be paid during that month by Tenant hereunder, the Tenant shall pay such deficiency to Landlord; such . Such deficiency shall be calculated and paid monthly on demand. No such reletting of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reflecting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach whether or not cured. Without limiting any other right or remedy to which Landlord may be entitled at law, in equity or hereunder as a result of an event of default hereunder, Landlord at its option may declare all of the base rent due hereunder for the balance of the term hereof and all of the additional rent and other charges hereunder estimated by Landlord to be due hereunder for the balance of the term hereof to be immediately due and payablemonthly.

BREACH BY TENANT. 21.01 Upon an 22.01 In the event that (i) Tenant shall not make payment of any installment of rent or other sum herein specified and such failure shall continue for five business days after written notice thereof from Landlord, but if a failure to pay Base Rent shall occur more than twice in any twelve month period then no notice shall be required for any subsequent failure to pay Base Rent when due, or (ii) Tenant shall fail to observe or perform any other of Tenant's obligations hereunder and such failure shall not be corrected within thirty days after written notice thereof from Landlord (or such longer period if reasonably required and Tenant is proceeding diligently to correct such failure), then this shall be considered a default hereunder. In the event of default by Tenant under the termsa default, provisions and covenants of this Lease, Landlord, Landlord in addition to any and all other rights or remedies that it may havehave hereunder, at law or in equity shall have the right to either terminate this Lease or from time to time, without terminating this Lease, Lease relet the Leased Premises or any part thereof for the account and in the name of Tenant or otherwise, for any such term or terms and on such conditions as Landlord, Landlord in its sole discretion, discretion may deem advisable, advisable with the right to make reasonable alterations and repairs to the Leased Premises. Tenant shall pay to Landlord, as soon as ascertained, the reasonable costs and expenses reasonably incurred by Landlord in such reletting of the Leased Premises, including without limitation, marketing costs, cost of redecorating, repairing, or improving the Leased Premises, attorneys fees and brokerage fees. Rentals received by Landlord from in making such reletting shall be applied: first, to the payment of any indebtedness, other than rent, due hereunder from Tenant to Landlord; second, to the payment of the reasonable cost of any alterations and repairs to the Leased Premises necessary to return the Leased Premises to good condition, ordinary wear and tear excepted, and the reasonable cost of storing any of Tenant's property left on the Leased Premises at the time of reflecting; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or damages in the event of termination as the same may become due and payable hereunder, and the balance, if any, at the end of the term of this Lease shall be paid to Tenantrepairs. Should such rentals received from time to time from such reflecting reletting during any month be less than that agreed to be paid during that month by Tenant hereunder, the Tenant shall pay such deficiency to Landlord; such . Such deficiency shall be calculated and paid monthly on demand. No such reletting of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reflecting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach whether or not cured. Without limiting any other right or remedy to which Landlord may be entitled at law, in equity or hereunder as a result of an event of default hereunder, Landlord at its option may declare all of the base rent due hereunder for the balance of the term hereof and all of the additional rent and other charges hereunder estimated by Landlord to be due hereunder for the balance of the term hereof to be immediately due and payablemonthly.