Common use of Default A Clause in Contracts

Default A. If Tenant shall fail to pay any part of the rent herein provided or any other sum required by this lease to be paid to Landlord at the times or in the manner provided, or if default shall be made in any of the other covenants or conditions on its part agreed to be performed, besides other rights or remedies it may have, under this lease or otherwise, if such failure to pay rent or such other sum or such default shall continue for ten (10) days after written notice thereof from Landlord to Tenant, then Landlord, may either (i) terminate this lease, or (ii) re-enter the premises by summary proceedings or otherwise, remove all persons and property from the premises without liability to any person for damages sustained by reason of such removal, and re-let the premises at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. In such event, Tenant shall remain liable for the monthly rent reserved in this lease, plus the reasonable cost of obtaining possession of and re-letting the premises and of any repairs and alterations necessary to prepare them for re-letting, less the rents received from such re letting, if any. Any and all monthly deficiencies so payable by Tenant shall be paid monthly on the date herein provided for the payment of rent. No such re-entry or taking possession of the premises by Landlord shall be construed as an election on its part to terminate this lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this lease for such previous breach. Should Landlord at any time terminate this lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this lease for the remainder of the stated term over the then reasonable rent value of the premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord.

Default A. If Tenant In the event that the Licensee, on behalf of the Occupying Agency, shall fail to pay the License Fee or any part thereof when due or in the event that the Licensee or the Occupying Agency shall violate or fail to perform any of the covenants hereof on the part of the rent herein Licensee or the Occupying Agency to be performed, in both such circumstances after notice of such failure or violation have been given as hereinbelow provided (each such event shall be hereinafter referred to as a “Default”), the Licensor may elect to either: 1. To re-enter the Licensed Premises by summary proceedings or any otherwise and re-let the Licensed Premises to a third party or parties, making diligent efforts therefor, and upon receiving the license fee therefrom, applying the same first to the payment of the License Fee and other sum required by this lease fees and expenses accruing hereunder, and the balance, if any, to be paid to Landlord at the times or in Licensee, on behalf of the manner Occupying Agency; provided, however, that the Licensee, on behalf of the Occupying Agency, shall remain liable for the equivalent of the amount of all License Fee and other payments due, as the case may be, throughout the remaining Term of this License Agreement to the extent such amounts are not mitigated by such third party licensee or if default licensees; or 2. To terminate this License Agreement and to resume possession of the Licensed Premises wholly discharged from this License Agreement. The Licensor shall make such election by written notice to the Licensee, in accordance with Section 10 of this License Agreement, at any time on or before the doing of any act or the commencement of any proceedings to recover possession of the Licensed Premises by reason of the Default then existing and such election shall be made final. If the Licensor shall elect to terminate this License Agreement as set forth in any this Section 16(A)(2), then immediately upon such termination, all rights and obligations whatsoever of the other covenants or conditions on its part agreed to be performedLicensee, besides other rights or remedies it may have, the Occupying Agency and their successors and assigns under this lease or otherwiseLicense Agreement, if such failure so far as the same may relate to pay rent or such other sum or such default the unexpired portion of the Term hereof, shall continue for cease. Within ten (10) days after written receipt by the Licensee of notice thereof from Landlord of election by the Licensor to Tenantterminate this License Agreement pursuant to this Section 16(A)(2), then Landlord, may either (i) terminate the Parties shall, by an instrument in writing, cancel this leaseLicense Agreement and the unexpired portion of the Term hereof, or and (ii) the Licensee and the Occupying Agency shall surrender and deliver to the Licensor the entire Licensed Premises, and upon any default by the Licensee or the Occupying Agency in so doing, the Licensor shall have the right to re-enter the premises Licensed Premises either by summary proceedings proceeding or otherwise, remove all persons and property from the premises without liability to any person for damages sustained by reason of such removal, and re-let the premises at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. In such event, Tenant shall remain liable for the monthly rent reserved in this lease, plus the reasonable cost of obtaining possession of and re-letting the premises and of any repairs and alterations necessary to prepare them for re-letting, less the rents received from such re letting, if any. Any and all monthly deficiencies so payable by Tenant No Default hereunder shall be paid monthly deemed to have occurred on the date herein provided for the payment of rent. No such re-entry or taking possession part of the premises by Landlord shall be construed as an election on its part to terminate this lease unless a Licensee or the Occupying Agency until thirty (30) days after written notice of such intention be given to Tenant or unless Default shall have been received by the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this lease for such previous breach. Should Landlord at any time terminate this lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the premisesLicensee, and including the worth at Licensee or the Occupying Agency within such time of shall have failed to remedy such termination Default. If any Default by the Licensee or the Occupying Agency, (with the exception of the excess, if any, payment of the amount of rent Licensee Fee), cannot reasonably be cured within such thirty (30) day period, then the Licensee and charges equivalent the Occupying Agency shall have such additional time as may be reasonably necessary to rent reserved in this lease for remedy the remainder of the stated term over the then reasonable rent value of the premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlordsame.