Default by Tenant. Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ fails to comply with any provision of this Lease, such failure shall be deemed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for: a. Any lost rents; b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises; c. Repairs to the Premises for use beyond normal wear and tear; d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest; e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and f. Any other recovery to which the Landlord may be entitled by law or in equity.
Appears in 3 contracts
Sources: Residential Lease Agreement, Residential Lease Agreement, Residential Lease Agreement
Default by Tenant. If Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ fails to comply with pay any provision rent or other sum due hereunder in the time periods set forth in this Lease and such default shall continue for a period of five (5) days after its receipt of written notice thereof from Landlord (except that no such notice shall be required if Landlord has given Tenant a notice for failure to pay a monetary sum when due within the prior one (1) year period, or in the event Tenant fails to perform any other covenant to be performed by Tenant under this LeaseLease and continues to fail to perform the same for a period of thirty (30) days after receipt of written notice from Landlord pertaining thereto (or a reasonable period of time, using due diligence, if any non-monetary default cannot be cured within such failure thirty (30) day period), then Tenant shall be deemed to have breached this Lease and Landlord, in addition to other rights or remedies it may have, may:
A. Continue this Lease in effect by not terminating Tenant’s right to possession of the Premises, and thereby be a material breach of this Lease. Furthermore, if Tenant fails entitled to comply with any provision of enforce all Landlord’s rights and remedies under this Lease, including the right to recover the Rent specified in this Lease as it becomes due under this Lease; or
B. Terminate Tenant’s right to possession of the Premises, thereby terminating this Lease, and recover from Tenant:
(i.) The worth at the time of award of the unpaid Rent which had been earned at the time of termination of the Lease;
(ii.) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Tenant proves could have been reasonably avoided;
(iii.) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that Tenant proves could be reasonably avoided; and Any other than the covenant amount necessary to pay rentcompensate Landlord for all detriment proximately caused by Tenant’s failure to perform its obligations under this Lease; or
C. In lieu of, or with in addition to, bringing an action for any present rules or all of the recoveries described in subparagraph B above, bring an action to recover and regulations or regain possession of the Premises in the manner provided by the laws of unlawful detainer then in effect in the state where the Property is located. If Landlord makes any that may be hereafter prescribed by Landlordexpenditure required of Tenant hereunder, or if Tenant fails to comply make any payment or expenditure required of Tenant hereunder, such amount shall be payable by Tenant to Landlord as Rent together with any duties imposed on Tenant interest from the date due at the rate of eighteen percent (18%) per annum, provided such interest rate shall not exceed the maximum interest rate permitted by law, and Landlord may immediately terminate shall have the Lease and/or avail itself of any same remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and as on the default continues for Three (3) days after delivery of written demand by Landlord for in payment of the rent or possession Rent. The payment of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will interest required hereunder shall be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs in addition to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or charge set forth in equityParagraph 3.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Truck Hero, Inc.)
Default by Tenant. Upon breach or default of this Lease by Tenant, Landlord may pursue any and all rights, at law or equity, against Tenant. Except when Landlord feels reasonably and justifiably insecure as to the solvency of the Tenant hereby acknowledges or its ability to perform its obligations under the Lease, Tenant will have 20 days after receipt of written notice from Landlord within which to completely cure any non-monetary default; however, if the non-monetary default is not completely cured within 20 days and Tenant demonstrates to Landlord that Tenant is using (and will continue to use) its best efforts to completely cure the non-monetary default, Tenant will have the additional time to cure as Landlord deems reasonably appropriate under the circumstances. In no event, however, will the time period within which Tenant must completely cure any non-monetary default extend to a period of time greater than 90 days. Without limiting the foregoing, at expiration of the term of this Lease or if default is made in the payment of Rent or in the performance of any agreements of Tenant contained in this Lease, Landlord, or its agent, will have the right to enter and take possession of the Leased Premises. In the case of re-entry by Landlord, and Tenant agrees that if ▇▇▇▇▇▇ fails to deliver the Leased Premises without process of law, Tenant's rights to occupy or control the Leased Premises will immediately cease, and this Lease, at the option of Landlord, will terminate. If any default or breach by Tenant occurs, the obligations of Tenant under this Lease, including Tenant's obligation to pay Rent, will not cease, and Tenant will be liable for any loss or damage to Landlord for failure to comply with any provision of this Lease, such failure shall be deemed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or retakes possession of the Leased Premises, Landlord may terminate remove and store all personal property of Tenant in any place selected by Landlord at the expense and risk of Tenant. Landlord may sell any or all of the property at public or private sale as provided by law and will apply the proceeds of the sale first to the cost of the sale, second to the payment of charges for storage, if any, third to the payment of other sums that may be due from Tenant to Landlord under the terms of the Lease. If Tenant breaches this Lease, all rents which are payable during and fourth the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand balance, if any, to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss Tenant waives all claims for damages that may be caused by ▇▇▇▇▇▇’s breach by attempting to relet Landlord's re-entering and taking possession of the Premises to acceptable tenants thereby reducing Leased Premises, removing, storing, and/or selling the property of Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant No re-entry of Landlord will be liable considered or construed to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equitya forcible entry.
Appears in 2 contracts
Sources: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)
Default by Tenant. Upon breach or default of this Lease by Tenant, Landlord may pursue any and all rights, at law or equity, against Tenant. Except when landlord feels reasonably and justifiably insecure as to the solvency of the Tenant hereby acknowledges or its ability to perform its obligations under the Lease, Tenant will have 20 days after receipt of written notice from Landlord within which to completely cure any non-monetary default; however, if the non-monetary default is not completely cured within 20 days and Tenant demonstrates to Landlord that Tenant is using (and will continue to use) its best efforts to completely cure the non-monetary default, Tenant will have the additional time to cure as Landlord deems reasonable appropriate under the circumstances. In no event, however, will the time period within which Tenant must completely cure any non-monetary default extend to a period of time greater than 90 days. Without limiting the foregoing, at expiration of the term of this Lease or if default is made in the payment of Rent or in the performance of any agreements of Tenant contained in this Lease, Landlord, or its agent, will have the right to enter and take possession of the Leased Premises. In the case of re-entry by Landlord, and Tenant agrees that if ▇▇▇▇▇▇ fails to deliver the Leased Promises without process at law, Tenant's rights to occupy or control the Leased Premises will immediately cease, and this Lease, at the option of Landlord, will terminate. If any default or breach by Tenant occurs, the obligations of Tenant under this Lease, including Tenant's obligation to pay Rent, will not cease, and Tenant will be liable for any loss or damage to Landlord for failure to comply with this Lease. If Landlord retakes possession of the Leased Premises, Landlord may remove and store all personal property of Tenant in any provision place selected by Landlord at the expense and risk of Tenant. Landlord may sell any or all of the Property at public or private sale as provided by law and will apply the proceeds of the sale first to the cost of the sale, second to the payment of charges for storage, if any, third to the payment of other sums that may be due from Tenant to Landlord under the terms of this Lease, such failure shall and fourth the balance, if any, to Tenant. Tenant waives all claims for damages that may be deemed caused by Landlord's re-entering and taking possession of the Leased Premises, removing, storing, and/or selling the property of Tenant. No re-entry of Landlord will be considered or construed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equityforcible entry.
Appears in 2 contracts
Sources: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)
Default by Tenant. If Tenant hereby acknowledges and agrees that fails to pay rent or other lawful charges when due or if ▇▇▇▇▇▇ fails to comply with any provision of this Leasereimburse Landlord for damages, such failure shall be deemed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rentrepairs, or with any present rules and regulations or any that may be hereafter prescribed by Landlordother costs when due as provided in this lease agreement, or if Tenant fails to comply with any duties imposed on Tenant by lawabandons the leased premises, or if Tenant, ▇▇▇▇▇▇’s guest or other occupants violate this Agreement and/or Landlord’s Rules and Regulations, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇’s Representative may terminate ▇▇▇▇▇▇’s breach right of occupancy by attempting giving Tenant three (3) day’s notice to relet vacate in writing; except however, notice may be by mail or personal delivery to Tenant or left in a conspicuous place on the Premises front door or inside the leased premises. SUCH TERMINATION DOES NOT RELEASE TENANT FROM LIABIITY FOR FUTURE RENTALS. LANDLORD’S ACCEPTANCE OF RENT OR OTHER SUMS DUE AFTER LANDLORD GIVES TENANT NOTICE TO VACATE OR AFTER LANDLORD FILES EVICTION SUIT SHALL NOT DIMISH LANDLORD’S RIGHT OF EVICTION AND SHALL NOT ▇▇▇▇▇ ▇▇▇▇▇▇▇’S RIGHT OF PROPERTY DAMAGE, PAST OR FUTURE RENT, OR OTHER SUMS DUE. If Landlord prevails in any suit for eviction, unpaid rentals, charges or damages, Tenant shall be liable for Landlord’s administrative costs, court costs and reasonable attorney’s fees and all amounts shall bear 10% interest from due date. If tenant’s rent is delinquent, Landlord shall not be obligated to acceptable tenants thereby reducing Tenant’s liability accordinglycontinue utilities which are furnished and paid for by Landlord. Tenant hereby acknowledges that unpaid rent and Landlord may report rentals or unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises local credit bureau for use beyond normal wear and tear;
d. All of Landlordpermanent recordation in ▇▇▇▇▇▇’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equitycredit record.
Appears in 1 contract
Sources: Home Rental Lease Agreement
Default by Tenant. Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ fails to comply with any provision of this Lease, such failure shall be deemed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent or other lawful charges when duedue or if Tenant fails to reimburse Landlord for damages, repairs, or other costs when due as provided in this lease agreement, or if Tenant abandons the leased premises, or if Tenant, Tenant’s guest or other occupants violate this Agreement and/or Landlord’s Rules and the default continues for Three Regulations, Landlord or Landlord’s Representative may terminate Tenant’s right of occupancy by giving Tenant three (3) days after day’s notice to vacate in writing; except however, notice may be by mail or personal delivery of written demand by to Tenant or left in a conspicuous place on the front door or inside the leased premises. SUCH TERMINATION DOES NOT RELEASE TENANT FROM LIABIITY FOR FUTURE RENTALS. LANDLORD’S ACCEPTANCE OF RENT OR OTHER SUMS DUE AFTER LANDLORD GIVES TENANT NOTICE TO VACATE OR AFTER LANDLORD FILES EVICTION SUIT SHALL NOT DIMISH LANDLORD’S RIGHT OF EVICTION AND SHALL NOT WAIVE LANDORD’S RIGHT OF PROPERTY DAMAGE, PAST OR FUTURE RENT, OR OTHER SUMS DUE. If Landlord prevails in any suit for payment of the eviction, unpaid rentals, charges or damages, Tenant shall be liable for Landlord’s administrative costs, court costs and reasonable attorney’s fees and all amounts shall bear 10% interest from due date. If tenant’s rent or possession of the Premisesis delinquent, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents shall not be obligated to continue utilities which are payable during furnished and paid for by Landlord. Landlord may report rentals or unpaid damages to the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing local credit bureau for permanent recordation in Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equityrecord.
Appears in 1 contract
Sources: Lease Agreement
Default by Tenant. Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ fails to comply with any provision of this Lease, such failure shall be deemed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay Minimum Rent or Additional Charges within five (5) days from the due date or fails to remedy any default other than the payment of rent when due, and the default continues for Three or charges within ten (310) days after delivery written notice from Landlord (unless such default cannot be remedied within the 10-day period and Tenant commences to remedy such default within the 10-day period and diligently pursues correction thereof in which event the remedy time shall be extended to the time reasonably required therefor); or if a receiver of written demand any property of Tenant on the Leased Premises is appointed or Tenant's interest in the Leased Premises is levied upon by Landlord legal process and Tenant fails within thirty (30) days to cause the vacation of such appointment, levy or adjudication or if Tenant files a voluntary petition in bankruptcy, disposes of all or substantially all of its assets in bulk, or makes an assignment for payment the benefit of the rent or possession of the Premisesits creditors, then in any such instance, without further notice to Tenant, Landlord may enter upon the Leased Premises and terminate the this Lease. If Landlord, or his agent, may re-enter said premises by summary proceeding, by force, or otherwise, take possession thereof, and remove all persons and property therefrom. Despite such termination Tenant breaches shall not be released from any sums due Landlord for rent or otherwise to the date of such entry; additionally, Tenant shall remain liable to Landlord in damages for Tenant's breach of this Leaselease (including the rentals due for the unexpired portion of the term of this lease, all rents attorney's and broker's fees) as fully as though there had been no termination, which are payable during said damages Landlord shall have the right to recover. In addition, Landlord may enter upon the Leased Premises without terminating this Lease and may relet them in its own name for the account of Tenant for the remainder of the term at the highest rent then obtainable and immediately recover from Tenant any deficiency for the balance of the term between the amount for which the Leased Premises were relet, less expense of reletting (including broker and attorney fees) and the rent provided hereunder. If Tenant at any time shall fail to pay any taxes, assessments, or liens, or fails to make any payment or perform any act required by this Lease term to be made or performed by it, Landlord, without waiving or releasing Tenant from any extension thereof will be accelerated without further notice obligation or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches default under this Lease, Tenant will may (but shall be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs under no obligation to) at any time thereafter make such payment or perform such act for the account of reletting and at the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction expense of Tenant. All sums so paid by Landlord and all costs and expenses so incurred shall accrue interest at the rate of twelve percent (12%) from their due date until paid, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equity.said interest to
Appears in 1 contract
Sources: Lease Addendum (Alphacom Inc)
Default by Tenant. If the Tenant hereby acknowledges shall abandon or vacate the leased premises for a period in excess of thirty (30) days, or shall neglect to make any payment of rental when due or neglect to do anything herein agreed to be done by the said Tenant, then the Landlord may declare this Lease terminated and agrees that if ▇▇▇▇▇▇ fails may re-enter and take possession of the leased premises. Any termination and re-entry by the Landlord (whether by way of ejectment or summary ejectment of the Tenant or otherwise) shall be without prejudice to comply with any provision other legal remedies which the Landlord may have on account of such default by the Tenant, and the Tenant shall not thereby be relieved of liability under this Lease, and shall be and remain liable for the payment of the rentals herein reserved. In the event of any breach by the Tenant under the terms of this Lease, such failure the Tenant shall be deemed responsible for the Landlord’s reasonable attorneys’ fees. If the Landlord shall elect to terminate the Tenant’s right to possession only as above provided, without terminating the term hereof, the Landlord shall exercise reasonable diligence to relet said premises and, in so doing, the Landlord may enter into the premises and make such renovations and/or repairs as may be necessary in order to relet the premises (at Tenant’s expense), and relet said premises or any part thereof for such term or terms (which may be for a material breach term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in his sole discretion may deem advisable. FurthermoreUpon each such reletting, all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from the Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees and costs of required renovations and/or repairs; third, to the payment of attorneys’ fees and rent due and unpaid hereunder; and the residue, if Tenant fails to comply with any provision any, shall be held by the Landlord and applied in payment of this Lease, other than future rents as the covenant to pay rent, or with any present rules same may become due and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equitypayable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by the Landlord decides that Tenant should shall be allowed the opportunity construed as an election on his part to correct the noncompliance, Landlord may deliver terminate this Lease unless a written notice specifying the noncompliance and allowing Seven (7) days within which it may of such intention be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs given to the Premises for use beyond normal wear and tear;
d. All Tenant or unless the termination thereof be decreed by a Court of Landlord’s costs associated with eviction of Tenantcompetent jurisdiction. Notwithstanding any such reletting without termination, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equityat any time thereafter elect to terminate the term of this Lease for such previous breach.
Appears in 1 contract
Sources: Lease Agreement (Computer Software Innovations Inc)
Default by Tenant. Upon breach or default of this Lease by Tenant, Landlord may pursue any and all rights, at law or equity, against Tenant. Except when Landlord feels reasonably and justifiable insecure as to the solvency of the Tenant hereby acknowledges or its ability to perform its obligations under the Lease, Tenant will have 20 days after receipt of written notice from Landlord within which to completely cure any non-monetary default; however, if the non-monetary default is not completely cured within 20 days and Tenant demonstrates to Landlord that Tenant is using (and will continue to use) its best efforts to completely cure the non-monetary default, Tenant will have the additional time to cure as Landlord deems reasonably appropriate under the circumstances. In no event, however, will the time period within which Tenant must completely cure any non-monetary default extend to a period of time greater than 90 days. Without limiting the foregoing, at expiration of the term of this lease or if default is made in the payment of Rent or in the performance of any agreements of Tenant contained in this Lease, Landlord, or its agent, will have the right to enter and take possession of the Leased Premises. In the case of re-entry by Landlord, and Tenant agrees that if ▇▇▇▇▇▇ fails to deliver the Leased Premises without process of law, Tenant's rights to occupy or control the Leased Premises will immediately cease, and this Lease, at the option of Landlord, will terminate. If any default or breach by Tenant occurs, the obligations of Tenant under this Lease, including Tenant's obligation to pay Rent, will not cease, and Tenant will be liable for any loss or damage to Landlord for failure to comply with this Lease. If Landlord retakes possession of the Leased Premises, Landlord may remove and store all personal property of Tenant in any provision place selected by Landlord at the expense and risk of Tenant. Landlord may sell any or all of the property at public or private sale as provided by law and will apply the proceeds of the sale first to the cost of the sale, second to the payment of charges for storage, if any, third to the payment of other sums that may be due from Tenant to Landlord under the terms of this Lease, such failure shall and fourth the balance, if any, to Tenant. Tenant waives all claims for damages that may be deemed caused by Landlord's re-entering and taking possession of the Leased Premises, removing, storing, and/or selling the property of Tenant. No re-entry of Landlord will be considered or construed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equityforcible entry.
Appears in 1 contract
Default by Tenant. If Tenant hereby acknowledges defaults in the payment of rent, or in any other covenant of this Lease Agreement, Landlord shall have the right to give notice specifying the default and agrees allowing Tenant ten (10) days' grace thereafter in which to cure said default by making all payments due hereunder or otherwise undertaking a course of performance in cure of the default. Any tender of money from Tenant that if ▇▇▇▇▇▇ fails to comply does not pay in full all Base Rent and other monthly obligations required hereby, together with all applicable late charges and any provision other charge due from Tenant in accordance with the terms of this Lease, may be accepted by Landlord without prejudice to Landlord's pursuit of the remedies available to Landlord hereunder, if Tenant's default is not timely cured. Landlord shall have no obligation whatever to utilize funds from the security deposit to cure any such failure monetary default. If Tenant fails to cure the default within said grace period, Landlord may pursue all remedies available to them under the forcible entry and detainer statute of Wyoming, If Tenant is in default under the terms, of this Lease and has abandoned the Premises, Landlord shall have the right to remove all of Tenant's property from the Premises and to dispose of such property in a reasonable manner. Abandonment of the Premises by Tenant shall not terminate this Lease, and Tenant shall remain liable for all monetary and other terms of this Lease, throughout the entire lease term, less the net amounts received by Landlord from re-letting the Premises. If Tenant makes an assignment of Tenant's business or property for the benefit of Tenant's creditors; or if Tenant's leasehold interest hereunder shall be levied upon by execution or seized by virtue of any writ of any court of law; or if any application is made for the appointment of a receiver for the business or property of Tenant; Tenant shall he in default of this Lease, and Landlord may pursue all remedies available to it under the forcible entry and detainer statute of Wyoming. The remedies set forth herein shall not be exclusive of any other remedy available to Landlord under the statutes and court decisions of the State of Wyoming. Said remedies shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission by landlord to exercise any right or power arising from any default hereunder shall impair such right or power or be construed as a waiver of any such default or acquiescence therein. Landlord’s acceptance of rent shall not be deemed to be a material waiver of any breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, covenants herein contained or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any of the rights of Landlord to the remedies referred to herein. Any amount due to Landlord that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate paid when due hereunder shall bear interest at the Lease and/or avail itself rate of any remedies that are available at law or six percent (6%) per annum above the Prime Rate reported in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment WALL STREET JOURNAL as of the rent or possession of the Premisesdue date, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equityfrom such due date until paid.
Appears in 1 contract
Sources: Commercial Lease (Labwire Inc)
Default by Tenant. Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ Tenant fails to comply with any provision of this Lease, such failure shall be deemed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ Landlord will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇Tenant’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equity.
Appears in 1 contract
Sources: Residential Lease Agreement
Default by Tenant. Tenant hereby acknowledges In the event of default in any of Tenant's covenants or obligations set forth herein, Landlord may assert any remedies provided or made available by law to an aggrieved landlord. Without limiting the generality of the foregoing, Landlord, at its sole option, may pursue and agrees that if ▇▇▇▇▇▇ fails to comply with exercise any provision one or all of this Lease, such failure the following remedies which shall be deemed cumulative:
(a) Landlord may declare the Lease forfeited, but such declaration of forfeiture shall not terminate Tenant's duty to be a material breach pay rentals or other charges owed Landlord hereunder, nor waive any other rights of this Lease. FurthermoreLandlord, if unless Landlord expressly so states in writing;
(b) Landlord may resume possession of the Leased Premises and relet the same for the account of Tenant, who shall make good any deficiency;
(c) Landlord may recover all arrearages of rent and other charges owed Landlord hereunder;
(d) In the event that Tenant fails to comply with any provision of this Lease, other than the defaults in its covenant to pay rent, or with any present rules rent and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the such default continues for Three ten (310) days after delivery days, Landlord shall have the right to accelerate the total amount of written demand by rentals and charges due hereunder and to collect same as liquidated damages, irrespective of whether Landlord for payment of the rent or may have resumed possession of the PremisesLeased Premises or asserted any of its other rights; and
(e) Tenant, in addition to arrearages of rentals and future rentals, shall be liable for all damages and expenses which Landlord may terminate has suffered by reason of Tenant's default, including, but not limited to, damage to the Lease. If Tenant breaches this Lease, all rents Leased Premises (which are payable during shall be determined at Landlord's option by Landlord's cost to repair the remainder same or by the difference in the market value of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Leased Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent before and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Leaseafter such damage), Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs cost of reletting the Premises, which shall include but not be limited to brokerage fees(e.g., advertising feesthe premises for lease and preparation of new lease development), and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s attorneys' fees, costs of court, and prejudgment interest;
e. All costs of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s feesrepossession, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law related special or in equityconsequential damages.
Appears in 1 contract
Sources: Lease Agreement (Lubys Inc)
Default by Tenant. Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ fails to comply with any provision of this Lease, such failure Tenants shall be deemed to be a material breach in default of this the Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant :
a) If they fail to pay rent, any installment of Rent or with any present rules Additional Rent on time and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate in full;
b) If more than three complaints about the Tenants are received from neighbors during the Lease and/or avail itself Term;
c) If Tenants are found to have violated any of any remedies that are available at law or in equity. the Rules listed below.
d) If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is Tenants allow individuals not made, Landlord may then terminate indicated on the Lease and/or avail itself of any remedies that are available at law or to reside in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated Premises for more than one week without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇Landlord’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agenciesPermission. In the event of a Tenant breaches this LeaseDefault other than the non-payment of Rent, Landlord may send Tenant written notice that the Lease is terminated. Upon receipt of such notice, Tenant must immediately vacate the Premises. With regard to the non-payment of Rent, Landlord shall be required to follow the procedures set forth in the Real Property Actions and Proceedings Law. If Tenant wants to Lease Premises for the following year, Tenant should contact Landlord early in fall as prospective tenants begin calling early September looking for housing for the following year. Landlord will be liable contacting Tenant regarding plans for next Lease year in September. Tenants may not paint or make any material changes to any part of the Premises without written permission from Landlord. Tenant agrees to keep grounds neat and free of litter. Landlord for:
a. Any lost rents;
b. Landlord’s costs has provided Tenants with one or more smoke detectors as required by law. If battery powered smoke detector beeps intermittently, Tenant agrees to contact Landlord immediately for battery replacement. Tenant agrees to maintain all smoke detectors in good operating condition at all times (do not remove batteries from detectors). Your life may depend on your smoke detector. Candles or open flame of reletting any kind, except for gas ranges as provided with Premises or properly maintained fireplaces are strictly prohibited. Tenants agree not to go on roof at any time for any reason. Tenants agree not to attach lock, hasp, or other device that can lock a room from the outside. Tenants agree NOT to store bicycles inside the house. They may be stored in the basement, brought in through side door into basement. Free washers and dryers, where provided, are for the use of Tenants only. Landlord may elect to remove washers and dryers from Premises where they are used by anyone other than Tenants. Tenants agree to exercise care in the use of the sewer, including disposing of diapers, tampons, and the like through the trash rather than through the plumbing. If the sewer becomes blocked by anything other than roots or a defect in the sewer line itself, Tenant agrees to pay the cost of sewer cleaning. Landlord is not responsible for any of Tenants’ belongings that are put in the basement. If Tenants store belongings in basement never place them on the floor. Belongings of people other than those who appear on this Lease may not be stored in the Premises. The use of electrical space heaters and air conditioning devices are not to be used without written permission from Landlord. Landlord and Tenant have signed this Lease as of the above date. It is effective when Landlord delivers to Tenant a copy signed by all parties.
1. Move-in inspections are by appointment ONLY. Please note that we DO NOT do move- in inspections on weekends.
2. We do a thorough move-in check list for the Tenant before Tenant takes possession of apartment/house, which shall include this protects both parties.
3. DO NOT use screws, large nails, adhesive squares. You may use push pins or small picture hooks to hang pictures on walls but not be limited to brokerage feesin excess.
4. Beware of scratching hardwood floors, advertising feesuse carpet squares or the like under chairs, especially dining room chairs and other necessary fees to relet desk chairs. Using a piece of carpet, in the Premises;winter season, in your entry will protect your floors too.
c. Repairs to the Premises for use beyond normal wear and tear;
d. All 5. DO NOT paint anything in apartment/house without prior written permission of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;.
e. All of 6. Always report any water leaks or clogged drains to Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and.
f. Any other recovery to which 7. When preparing your apartment/house for a move-out inspection we suggest you do the Landlord may be entitled by law or in equity.following:
Appears in 1 contract
Sources: Lease Agreement
Default by Tenant. Upon breach or default of this Lease by Tenant, Landlord may pursue any and all rights, at law or equity, against Tenant. Except when Landlord feels reasonably and justifiably insecure as to the solvency of the Tenant hereby acknowledges or its ability to perform its obligations under the Lease, Tenant will have 20 days after receipt of written notice from Landlord within which to completely cure any non-monetary default; however, if the non-monetary default is not completely cured within 20 days and Tenant demonstrates to Landlord that Tenant is using (and will continue to use) its best efforts to completely cure the non-monetary default, Tenant will have the additional time to cure as Landlord deems reasonably appropriate under the circumstances. In no event, however, will the time period within which Tenant must completely cure any non-monetary default extend to a period of time greater than 90 days. Without limiting the foregoing, at expiration of the term of this Lease or if default is made in the payment of Rent or in the performance of any agreements of Tenant contained in this Lease, Landlord, or its agent, will have the right to enter and take possession of the Leased Premises. In the case of re-entry by Landlord, and Tenant agrees that if ▇▇▇▇▇▇ fails to deliver the Leased Premises without process of law, Tenant's rights to occupy or control the Leased Premises will immediately cease, and this Lease, at the option of Landlord, will terminate. If any default or breach by Tenant occurs, the obligations of Tenant under this Lease, including Tenant's obligation to pay Rent, will not cease, and Tenant will be liable for any loss or damage to Landlord for failure to comply with this Lease. If Landlord retakes possession of the Leased Premises, Landlord may remove and store all personal property of Tenant in any provision place selected by Landlord at the expense and risk of Tenant. Landlord may sell any or all of the property at public or private sale as provided by law and will apply the proceeds of the sale first to the cost of the sale, second to the payment of charges for storage, if any, third to the payment of other sums that may be due from Tenant to Landlord under the terms of this Lease, such failure shall and fourth the balance, if any, to Tenant. Tenant waives all claims for damages that may be deemed caused by Landlord's re-entering and taking possession of the Leased Premises, removing, storing, and/or selling the property of Tenant. No re-entry of Landlord will be considered or construed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equityforcible entry.
Appears in 1 contract
Default by Tenant. If any rent required by this Lease shall not be paid when due, or if the Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ in any other manner fails to comply with perform any provision of the terms or conditions of this Lease, such failure including any of the provisions of the Rules and Regulations and any other applicable addendum hereto, Tenant shall be deemed to be a material breach of have breached this Lease and Landlord shall have all rights provided under local law and this Lease, including the right to terminate this Lease, retake possession of the unit, and recover damages. FurthermoreThe parties agree in advance that if, if Tenant fails prior to comply with any provision the expiration or termination of this Lease, other than Tenant vacates the covenant to pay rent, unit either voluntarily or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Leaseinvoluntarily, Tenant will be liable responsible for rent for the remaining Lease term which shall be immediately due and payable. Landlord shall use due diligence to re-let the Premises and all subsequent rentals received by Landlord for:
a. Any lost rents;
b. in mitigation of damages (less cost of re-letting) shall be credited to such indebtedness and/or judgment or shall be refunded to the Tenant, whichever is appropriate. Even if the Premises are re-let without any loss of rent, deduction will be made for Landlord’s administrative/overhead expenses and turnover costs of reletting to re-letting the Premises, which . Such re-letting or deduction shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All constitute waiver of Landlord’s costs associated with eviction other rights or remedies under this Lease. Acceptance of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All monies is not a waiver of Landlord’s costs associated with collection right of renteviction, which damages, past due rent or other sums due, regardless of whether eviction suit has been filed. Retention of the Security Deposit or termination of this Lease by Landlord shall include but not be limited constitute a limitation of Landlord’s right to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equitydamages.
Appears in 1 contract
Sources: Residential Lease Agreement
Default by Tenant. If Tenant hereby acknowledges shall default in the payment ------------------ of Annual Rent or Additional Rent and agrees such default shall continue for fifteen (15) days after notice thereof from Landlord or if Tenant shall default in the performance of any of its other obligations under this Lease and if such default shall continue for thirty (30) days after notice thereof from Landlord specifying in what manner Tenant has defaulted (except that if ▇▇▇▇▇▇ fails such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Tenant commences to comply with cure such default within the initial thirty (30) day period and proceeds diligently thereafter to effect such cure) Landlord may (i) cure such default and any provision of this Lease, such failure costs and expenses incurred by Landlord therefor shall be deemed Additional Rent payable on demand or (ii) enter the Leased Premises without terminating the Lease and repossess the same and expel Tenant and those claiming under Tenant, without being liable to be a material breach prosecution or any claim for damages therefor, and relet the Leased Premises as the agent of the Tenant, and receive the rental therefor, and the Tenant shall pay the Landlord any deficiency that may arise by reason of such reletting, on demand at any time and from time to time at the office of Landlord, or (iii) terminate this Lease. FurthermoreLease by written notice at once or at any time thereafter so long as any default remains uncured, in which event Tenant shall immediately surrender the Leased Premises to Landlord, but if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by lawdo so, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliancemay, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice and without prejudice to any other remedy Landlord may have for possession or demand arrearages in rental or damages for breach of contract, enter upon the Leased Premises and expel or remove Tenant and its personalty, without being liable to Tenant. ▇▇▇▇▇▇▇▇ will attempt prosecution or any claim for damages therefor; and Tenant agrees to mitigate any indemnify Landlord for all loss and damage or loss caused which Landlord may suffer by ▇▇▇▇▇▇’s breach by attempting reason of such Lease termination, whether through inability to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordinglyLeased Premises, or through decrease in rentals, or otherwise. Ten (10) days of the resolution of such dispute. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable Landlord shall proceed diligently to credit reporting agenciesresolve any such dispute by agreement or arbitration in accordance with Article 38 or otherwise. In Any amount determined to be payable hereunder shall be paid together with interest from the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting date same was first due hereunder at the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or rate set forth in equitySection 39.09 hereof.
Appears in 1 contract
Default by Tenant. In the event Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ fails to make any rental payments herein provided within the time required, or in the event tenant fails to comply with any provision other term, covenant, condition or agreement herein contained, or if Tenant abandons the Premises (tenants absence from the Premises for the period of this Leasetime designated by applicable state law, such failure shall while all or any portion of any rental payment is delinquent being deemed an “abandonment” of the Premises), Tenant will be deemed to be a material breach considered in default of this Lease. Furthermore, if Tenant fails In the event of a default Agent is entitled to comply with pursue any provision of this Lease, other than the covenant to pay rent, rights or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant remedies provided by law. At the option of Agent, Landlord Agent may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance enter and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or take possession of the Premises, Landlord and may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during relet same for the remainder of the Lease term or for the best rental which owner may be able to attain without otherwise terminating the liability of Tenant hereunder, in such event, Tenant shall remain liable to Agent for any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet deficiency in the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agenciesfor the balance of the term of the Lease. In the event of a default, Agent may declare the entire unpaid rent for the term of this Lease to be immediately due and payable, and, at Agents option, take immediate action to recover and collect the same by any available procedure, which shall be in addition to any other rights of Agent under this Lease. In the event Agent terminates this Lease and reenters and takes possession of the Premises, or if Agent takes possession without terminating the Lease, and in, either case removes the personal property of tenant therefrom, Agent shall have the right to place said property of tenant in storage, at tenant’s expense. In addition to all other remedies provided herein, Tenant breaches agrees to, (I) compensate Agent for reasonable costs and expenses necessary to enforce this Lease and any rights or remedies of Agent provided by law, in equity or by the provisions hereof, and (II) permit Agent to collect the rent damages for breach of this Lease, Tenant will be liable including but not limited to, all court costs, reasonable attorney’s fee incurred in connection herewith, as well as or reasonable expenses necessary for the removal of personal property therefrom and to Landlord for:
a. Any lost rents;
b. Landlord’s the reletting or the attempted reletting of the Premises which shall include, but not limited to, the costs of reletting the Premisesminor repairs and replacements, which shall include but not be limited to advertisements, brokerage fees, advertising fees, fees and other necessary fees to relet expenses caused by tenant’s breach of any of the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All terms of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equitythis Lease.
Appears in 1 contract
Sources: Lease Agreement
Default by Tenant. Upon breach or default of this Lease by Tenant, Landlord may pursue any and all rights, at law or equity, against Tenant. Except when Landlord feels reasonably and justifiably insecure as to the solvency of the Tenant hereby acknowledges or its ability to perform its obligations under the Lease, Tenant will have 20 days after receipt of written notice from Landlord within which to completely cure any non-monetary default; however, if the non-monetary default is not completely cured within 20 days and Tenant demonstrates to Landlord that Tenant is using (and will continue to use) its best efforts to completely cure the non-monetary default, Tenant will have the additional time to cure as Landlord deems reasonably appropriate under the circumstances. In no event, however, will the time period within which Tenant must completely cure any non-monetary default extend to a period of time greater than 90 days. Without limiting the foregoing, at expiration of the term of this Lease or if default is made in the payment of Rent or in the performance of any agreements of Tenant contained in this Lease, Landlord, or its agent, will have the right to enter and take possession of the Leased Premises. In the case of re-entry by Landlord, and Tenant agrees that if ▇▇▇▇▇▇ fails to deliver the Leased Premises without process of law, Tenant's rights to occupy or control the Leased Premises will immediately cease, and this Lease, at the option of Landlord, will terminate. If any default or breach by Tenant occurs, the obligations of Tenant under this Lease, including Tenant's obligation to pay Rent will not cease, and Tenant will be liable for any loss or damage to Landlord for failure to comply with this Lease. If Landlord retakes possession of the Leased Premises, Landlord may remove and store all personal property of Tenant in any provision place selected by Landlord at the expense and risk of Tenant Landlord may sell any or all of the property at public or private sale as provided by law and will apply the proceeds of the sale first to the cost of the sale, second to the payment of charges for storage, if any, third to the payment of other sums that may be due from Tenant to Landlord under the terms of this Lease, such failure shall and fourth the balance, if any, to Tenant. Tenant waives all claims for damages that may be deemed caused by Landlord's re-entering and taking possession of the Leased Premises, removing, storing, and/or selling the property of Tenant. No re-entry of Landlord will be considered or construed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three (3) days after delivery of written demand by Landlord for payment of the rent or possession of the Premises, Landlord may terminate the Lease. If Tenant breaches this Lease, all rents which are payable during the remainder of the Lease term or any extension thereof will be accelerated without further notice or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agencies. In the event Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction of Tenant, which shall include attorney’s fees, costs of court, and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equityforcible entry.
Appears in 1 contract
Default by Tenant. If (a) Tenant hereby acknowledges and agrees that if ▇▇▇▇▇▇ fails to comply with any provision defaults in the payment of rent or other amounts under this Lease, such failure shall be deemed to be a material breach of this Lease. Furthermore, if Tenant fails to comply with any provision of this Lease, other than the covenant to pay rent, or with any present rules and regulations or any that may be hereafter prescribed by Landlord, or if Tenant fails to comply with any duties imposed on Tenant by law, Landlord may immediately terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Landlord decides that Tenant should be allowed the opportunity to correct the noncompliance, Landlord may deliver a written notice specifying the noncompliance and allowing Seven (7) days within which it may be corrected. If compliance is not made, Landlord may then terminate the Lease and/or avail itself of any remedies that are available at law or in equity. If Tenant fails to pay rent when due, and the default continues for Three ten (310) days after delivery written notice by Lessor or Tenant, (b) Tenant defaults in any other obligation under this Lease and the default continues for thirty (30) days after written notice by Lessor to Tenant, (c) any proceeding is begun by or against Tenant to subject the assets of written demand by Landlord Tenant to any bankruptcy or insolvency law or for payment an appointment of a receiver of Tenant or for any of Tenant’s assets, or (d) Tenant makes a general assignment of Tenant’s assets for the rent benefit of creditors, then Lessor may, with or without terminating this Lease, cure the default and charge Tenant all costs and expenses of doing so, and Lessor also may reenter the Premises, remove all persons and property; and regain possession of the Premises, Landlord may terminate the Lease. If Tenant breaches without waiver or loss of any of Lessor’s rights under this Lease, including Lessor’s right to payment of Monthly Rent. Lessor also may terminate this Lease as to all rents which are payable during future rights of Tenant, without terminating Lessor’s right to payment of Monthly Rent and other charges due under this Lease. Tenant waives any right of restoration to possession of the Premises after reentry, notice of termination, or of judgment for possession. If this Lease is terminated under this Section, Tenant promises and agrees to pay all Monthly Rent and other charges due for the remainder of the original Term, and all reasonable attorneys’ fees and other expenses. If Tenant defaults in any of its obligations under this Lease, it will promptly pay all reasonable costs including reasonable attorneys’ fees incurred by Lessor in enforcing Tenant’s obligations, whether or not this Lease term is terminated and whether or not suit is brought. No right or remedy will preclude any other right or remedy, no right or remedy will be exclusive of or dependent upon any other right or remedy, and any right or remedy may be exercised independently or in combination. If Tenant is in default and notice of termination of Tenant’s right to possession has been mailed to Tenant at the Premises and it appears in Lessor’s reasonable judgment that Tenant has abandoned or vacated the Premises, Lessor may reenter the Premises and retake possession without legal action, without relieving Tenant of the obligation to pay Monthly Rent or any extension thereof will be accelerated other obligations under this Lease, and without further notice any liability to Tenant for re-entry or demand to Tenant. ▇▇▇▇▇▇▇▇ will attempt to mitigate any damage or loss caused by ▇▇▇▇▇▇’s breach by attempting to relet the Premises to acceptable tenants thereby reducing removal of Tenant’s liability accordingly. Tenant hereby acknowledges that unpaid rent and unpaid damages are reportable to credit reporting agenciesproperty. In the event that this Lease is terminated and/or Tenant breaches this Lease, Tenant will be liable to Landlord for:
a. Any lost rents;
b. Landlord’s costs of reletting the Premises, which shall include but not be limited to brokerage fees, advertising fees, and other necessary fees to relet the Premises;
c. Repairs to is dispossessed from the Premises for use beyond normal wear and tear;
d. All of Landlord’s costs associated with eviction on account of Tenant’s default hereunder, which shall include attorney’s feesLessor agrees to use good-faith, costs of court, commercially reasonable efforts to re-let same and prejudgment interest;
e. All of Landlord’s costs associated with collection of rent, which shall include but not be limited to collection fees, late charges, returned check charges, attorney’s fees, and fees paid to collection agencies; and
f. Any other recovery to which the Landlord may be entitled by law or in equityotherwise mitigate damages.
Appears in 1 contract
Sources: Lease (Mesaba Holdings Inc)