Common use of Continue Lease Clause in Contracts

Continue Lease. Landlord may, at its option, continue this Lease in full force and effect, without terminating Tenant's right to possession of the Premises, in which event Landlord shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable terms and conditions, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, in Landlord's exercise of reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arise. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Appears in 2 contracts

Samples: Agreement (Basic Us Reit Inc), Agreement (Basic Us Reit Inc)

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Continue Lease. Landlord may, at its option, continue this Lease in full force and effect, without terminating Tenant's ’s right to possession of the Premises, in which event Landlord shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) belowPremises, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable such terms and conditionsconditions as Landlord may deem advisable, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or securedrealized, in Landlord's ’s exercise of commercially reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action or actions therefor as such monthly deficiency shall arisearise and accrue. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's ’s re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Appears in 1 contract

Samples: Office Space Lease (Dgse Companies Inc)

Continue Lease. Landlord may, at its option, continue this Lease -------------- in full force and effect, without terminating Tenant's right to possession of the Premises, in which event Landlord shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) below, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable such terms and conditionsconditions as Landlord may deem advisable, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or secured, in Landlord's exercise of reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action therefor as such monthly deficiency shall arisearise or may consolidate all such deficiency claims in one or more actions. The parties agree that nothing contained herein shall be construed to require Landlord to re-enter and relet in any event, provided that Landlord agrees to act reasonably in mitigating its damages. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Appears in 1 contract

Samples: Lease (First Capital Institutional Real Estate LTD 4)

Continue Lease. Landlord may, at its its. option, continue this Lease in full force and effect, without terminating Tenant's ’s right to possession of the Premises, in which event Landlord shall have the right to collect Base Rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, Landlord shall have the right to peaceably re-enter the Premises on the terms set forth in subparagraph (b) belowPremises, without such re-entry being deemed a termination of the Lease or an acceptance by Landlord of a surrender thereof. Landlord shall also have the right, at its option, from froth time to time, without terminating this Lease, to relet the Premises, or any part thereof, with or without legal process, as the agent, and for the account, of Tenant upon commercially reasonable such terms and conditionsconditions as Landlord may deem advisable, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Premises, reasonable and actual attorneys' fees and any reasonable and actual real estate commissions paid, and (ii) thereafter toward payment of all sums due or to become due to Landlord hereunder. If a sufficient amount to pay such expenses and sums shall not be realized or securedrealized, in Landlord's ’s exercise of commercially reasonable efforts to mitigate its damages (which Landlord hereby agrees to make), then Tenant shall pay Landlord any such deficiency monthly, and Landlord may bring an action or actions therefor as such monthly deficiency shall arisearise and acme. Landlord shall not, in any event, be required to pay Tenant any sums received by Landlord on a reletting of the Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. Landlord's ’s re-entry and reletting of the Premises without termination of this Lease shall not preclude Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Appears in 1 contract

Samples: Lease (Novint Technologies Inc)

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Continue Lease. The Landlord may, at its option, continue this Lease in full force and effect, without terminating the Tenant's right to possession of the Demised Premises, in which event the Landlord shall have the right to collect Base Rent rent and other charges when due, including any sums due for any Option Period for which a Renewal Option has been exercised. In the alternative, the Landlord shall have the right to peaceably re-enter the Demised Premises on the terms set forth in subparagraph (bb)(2) below, without such re-entry entry's being deemed a termination of the Lease or an acceptance by the Landlord of a surrender thereof. The Landlord shall also have the right, at its option, from time to time, without terminating this Lease, to relet the Demised Premises, or any part thereof, with or without legal process, as the agent, and for the account, of the Tenant upon commercially reasonable such terms and conditionsconditions as the Landlord may deem advisable, in which event the rents received on such reletting shall be applied (i) first to the reasonable and actual expenses of such reletting and collection, including without limitation necessary renovation and alterations of the Demised Premises, reasonably determined by the Landlord to be desirable, reasonable and actual attorneys' fees fees, and any reasonable and actual real estate leasing commissions paidpaid (including leasing commissions payable to a partner, officer or shareholder of the Landlord), and (ii) thereafter toward payment of all sums due or to become due the Landlord hereunder. If a sufficient amount sum to pay such expenses and sums shall not be realized or secured, secured in the Landlord's exercise of its reasonable efforts to mitigate its damages (which Landlord hereby agrees to make)damages, then the Tenant shall pay the Landlord any such deficiency monthly, and the Landlord may may, at the sole cost and expense of the Tenant, including attorney's fees, bring an action therefor as such monthly deficiency shall arise. Nothing herein, however, shall be construed to require the Landlord to re-enter and relet in any event, except as provided by applicable law. The Landlord shall not, in any event, be required to pay the Tenant any sums received by the Landlord on a reletting of the Demised Premises in excess of the rent provided in this Lease, but such excess shall reduce any accrued present or future obligations of Tenant hereunder. The Landlord's re-entry and reletting of the Demised Premises without termination of this Lease shall not preclude the Landlord from subsequently terminating this Lease as set forth below. It is the intent of this paragraph that Landlord have the remedy provided in California Civil Code Section 1951.4 (Landlord may continue lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign subject only to reasonable limitations).

Appears in 1 contract

Samples: Lease Agreement (Silver Diner Development Inc /Md/)

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