Common use of Default of Tenant Clause in Contracts

Default of Tenant. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than fifteen (15) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein or in any other agreement between Landlord and Tenant relating to the Premises and such violation or defaults shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default; (3) if Tenant or any guarantor of this Lease Agreement shall commence or have commenced against Tenant or any guarantor proceedings under a bankruptcy, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any notice in writing of intention to re-entry and also the right of restoration to possession of the Leased Premises after re-entry or after judgment for possession thereof, Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, relenting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of 10% of rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due and payable, or cleared by Landlord's bank within six (6) business days after deposit. Each night or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise.

Appears in 1 contract

Samples: Lien and Agreement (Editek Inc)

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Default of Tenant. If This Agreement may be terminated at any one time by HRM on criteria for default of Tenant. The Landlord shall have the right at any time to remedy or more attempt to remedy any default of the following occurs: (1) a rent payment Tenant hereunder, and in so doing to make any payments due or any other payment alleged to be due from by the Tenant to a third party and may enter upon the leased premises to do any work or repairs for which the Tenant is responsible under this Facility Lease Agreement and in such event all expenses of the Landlord in remedying or attempting to remedy such default shall be recoverable by the Landlord from the Tenant. Payment in full or through payment plan will be arranged with HRM. Interest will be factored into the outstanding debt based on determination of HRM. The Landlord may re-enter upon the leased premises in the event of the following: Criteria for the decision to terminate would include but not limited to the: the Tenant is incapable of day to day program or facility operation facility needs to be protected against vandalism, theft, pipes freezing, activity contrary to public safety the Tenant became in danger of bankruptcy or foreclosure actions facility being used contrary to the terms of the Agreement to the deterrent of HRM facility use and remain unpaid in whole or in part for more than fifteen programming creates hardship to the immediate residents the Tenant cannot successfully obtain legal Registered Non Profit Society Status (15may also include Federal Charitable Status) days after same is due and payable; (2) the Tenant does not maintain current General Liability Insurance any unauthorized assignment of subletting of this lease by the Tenant unauthorized facility change that effects the building insurance the Tenant shall violate or default on any not observe, perform and keep all and every one of the other covenants, agreements, provisions, stipulations or and conditions herein contained to be observed, performed and kept by the Tenant if the leased premises shall become vacant * Note - Upon termination of this Facility Lease Agreement HRM will take responsibility and control of the facility. In the event of a claim for debt, damages or in indemnity by the Landlord against the Tenant, the Landlord shall have the right to seize and take possession of any equipment, furniture or other agreement between Landlord property of any nature whatsoever situated on the leased premises and to sell the same at public or private sale without notice and to apply the proceeds thereof upon the account of Tenant. The Tenant relating to the Premises and such violation or defaults shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default; (3) if Tenant or any guarantor of this Lease Agreement shall commence or have commenced against Tenant or any guarantor proceedings under a bankruptcy, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any notice in writing of intention to re-entry and also the right of restoration to possession of the Leased Premises after re-entry or after judgment for possession thereof, Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, relenting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to the Landlord for the payment deficiency if any and the Tenant hereby waives and renounces the benefit of a late charge any present or future Act in force in Canada or in the amount Province of 10% of rental installment Nova Scotia which takes away or other sum due limits the Landlord's rights, and that the Landlord hereunder may seize and sell the Tenant's goods and chattels as fully as the Landlord might have done if said payment has such Act had not been received within ten (10) days from the date said payment becomes due and payable, enacted or cleared by Landlord's bank within six (6) business days after deposit. Each night or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwisepassed.

Appears in 1 contract

Samples: Agreement

Default of Tenant. If Tenant shall fail to pay any one monthly installment of rent as aforesaid (although no legal or more of the following occurs: (1) a rent payment formal demand has been made therefor), or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than fifteen (15) days after same is due and payable; (2) Tenant shall violate or default on fail to perform any of the other covenantsconditions, agreementscovenants or agreements herein made by Tenant, stipulations and such failure to pay rent or conditions herein or in any other agreement between Landlord and Tenant relating to the Premises and such violation or defaults failure shall continue for a period of thirty often (3010) days after written notice from Landlord thereof to Tenant by Landlord, then and in any of such violation or default; (3) if Tenant or any guarantor of said events this Lease Agreement shall, at the option of Landlord, cease and terminate and shall commence or have commenced against Tenant or any guarantor proceedings under operate as a bankruptcynotice to quit, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any notice in writing to quit, or of Landlord’s intention to re-enter, being hereby expressly waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of the State of Maryland, or by such other proceedings, including re-entry and also possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of restoration Landlord to recover from Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease by reason of Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the Demised Premises before the expiration or termination of the Leased Premises after re-entry or after judgment Term of this Lease, the Demised premises may be relet by Landlord for possession thereofsuch rent and upon such terms as are not unreasonable under the circumstances and, if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be responsible forliable for all damages sustained by Landlord, including, without limitation deficiency in rent, reasonable attorneys’ fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of rental sustained by in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Landlord’s option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. If Landlord should commence any summary proceeding for non-payment of rent by Tenant, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding. The provisions contained in this paragraph shall be in addition to and shall not prevent the rentals and other sums agreed to be paid hereunder, the cost enforcement of any necessary maintenanceclaim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. In the event that Tenant continues to occupy the Demised Premises after the expiration of the term of this Lease, repairwith the express or implied consent of Landlord, restoration, relenting (including related cost such tenancy shall be from month-to-month and shall not be renewal of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions term of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereundertenancy from year-to year. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of 10% of rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due All rights and payable, or cleared by Landlord's bank within six (6) business days after deposit. Each night or remedy remedies of Landlord provided for in under this Lease Agreement shall be cumulative and shall not be in addition exclusive of any other rights and remedies provided to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwiseLandlord under applicable law.

Appears in 1 contract

Samples: Lease (Tvi Corp)

Default of Tenant. If This Agreement may be terminated at any one time by HRM on criteria for default of Tenant. The Landlord shall have the right at any time to remedy or more attempt to remedy any default of the following occurs: (1) a rent payment Tenant hereunder, and in so doing to make any payments due or any other payment alleged to be due from by the Tenant to a third party and may enter upon the leased premises to do any work or repairs for which the Tenant is responsible under this Facility Lease Agreement and in such event all expenses of the Landlord in remedying or attempting to remedy such default shall be recoverable by the Landlord from the Tenant. Payment in full or through payment plan will be arranged with HRM. Interest will be factored into the outstanding debt based on determination of HRM. The Landlord may decide to terminate and remain unpaid re-enter upon the leased premises for reasons which include but are not limited to the following: the Tenant is incapable of day to day program or facility operation facility needs to be protected against vandalism, theft, pipes freezing, activity contrary to public safety the Tenant became in whole danger of bankruptcy or in part for more than fifteen foreclosure actions facility being used contrary to the terms of the Agreement to the deterrent of HRM facility use and programming creates hardship to the immediate residents the Tenant cannot successfully obtain legal Registered Non Profit Society Status (15may also include Federal Charitable Status) days after same is due and payable; (2) the Tenant does not maintain current General Liability Insurance any unauthorized assignment of subletting of this lease by the Tenant unauthorized facility change that effects the Landlords building insurance the Tenant shall violate or default on any not observe, perform and keep all and every one of the other covenants, agreements, provisions, stipulations or and conditions herein contained to be observed, performed and kept by the Tenant if the leased premises shall become vacant * Note - Upon termination of this Facility Lease Agreement the owner will take responsibility and control of the facility. In the event of a claim for debt, damages or in indemnity by the Landlord against the Tenant, the Landlord shall have the right to seize and take possession of any equipment, furniture or other agreement between Landlord property of any nature whatsoever situated on the leased premises and to sell the same at public or private sale without notice and to apply the proceeds thereof upon the account of Tenant. The Tenant relating to the Premises and such violation or defaults shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default; (3) if Tenant or any guarantor of this Lease Agreement shall commence or have commenced against Tenant or any guarantor proceedings under a bankruptcy, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any notice in writing of intention to re-entry and also the right of restoration to possession of the Leased Premises after re-entry or after judgment for possession thereof, Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, relenting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to the Landlord for the payment deficiency if any and the Tenant hereby waives and renounces the benefit of a late charge any present or future Act in force in Canada or in the amount Province of 10% of rental installment Nova Scotia which takes away or other sum due limits the Landlord's rights, and that the Landlord hereunder may seize and sell the Tenant's goods and chattels as fully as the Landlord might have done if said payment has such Act had not been received within ten (10) days from the date said payment becomes due and payable, enacted or cleared by Landlord's bank within six (6) business days after deposit. Each night or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwisepassed.

Appears in 1 contract

Samples: Agreement

Default of Tenant. If Tenant shall fail to pay any one or more installment of rent on the following occurs: day when the same shall become due and payable hereunder and shall continue in default for a period of ten (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than fifteen (1510) days after same is due and payable; (2) Landlord gives written notice thereof, or if Tenant shall violate or default on fail to keep and perform any of the other terms, covenants, agreements, stipulations or and conditions herein or in any other agreement between Landlord of this Lease on its part to be performed and Tenant relating to the Premises and such violation or defaults shall continue in default for a period of thirty (30) days after written Landlord gives notice to Tenant of said default, then in said event,- and as often as any said event shall occur, Landlord may, at Landlord's option, cure said default at Tenant's sole cost and expense, in which event any cost incurred by Landlord in curing said default shall become immediately due and payable from Tenant, together with interest thereon at the rate of 12% per annum, or Landlord of such violation or default; (3) if Tenant may terminate this Lease and enter into the Leased Premises, or any guarantor part thereof, either with or without process of law, and expel Tenant, or any person occupying the Leased Premises, and use such force as may be necessary so to do, and repossess and enjoy the Leased Premises as in Landlord's former estate, but Tenant shall remain fully liable hereunder for all rents and other sums to be paid and all covenants to be performed by Tenant during the remaining balance of the term of this Lease Agreement but subject to reduction in accordance with the next sentence. Landlord shall commence or have commenced against Tenant or any guarantor proceedings under a bankruptcy, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into use all reasonable diligence to relet the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives in said event, Landlord, shall apply the right of rent received from any notice in writing of intention to re-entry new tenant thereof on any balance due under this Lease, and also the right of restoration to possession of the Leased Premises after re-entry or after judgment for possession thereof, Tenant shall be responsible for, for no more than the remaining balance that may then be due hereunder. Notwithstanding anything contained in addition this paragraph to the rentals and contrary, if any default shall occur, other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, relenting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded than in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of money, which cannot with due diligence be cured within a late charge in period of thirty (30) days, and Tenant, prior to the amount expiration of 10% of rental installment or other sum due Landlord hereunder if said payment has not been received within ten thirty (1030) days from and after the date giving of notices as aforesaid, shall commence to eliminate the cause of said payment becomes due default, shall proceed diligently and payablewith reasonable dispatch to take all steps and do all work required to cure said default, or cleared by Landlord's bank within six (6) business days after deposit. Each night or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition thereafter cure said default, then Landlord shall grant Tenant a reasonable extension of time within which to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwisecure said default.

Appears in 1 contract

Samples: Lease (Founders Food & Firkins LTD /Mn)

Default of Tenant. If This Lease shall, at the option of Landlord, cease and terminate if (i) Tenant fails to pay rent, including any one or more installment of the following occurs: (1) a rent payment Monthly Rent or any other payment due from Tenant to Landlord shall be and remain unpaid in whole additional rent, although no legal or in part for more than fifteen (15) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenantsformal demand has been made, agreements, stipulations or conditions herein or in any other agreement between Landlord and Tenant relating to the Premises and such violation or defaults shall continue failure to pay rent continues for a period of thirty five (305) days after written notice from addressed to Tenant has been delivered by Landlord to the Demised Premises, or (ii) Tenant violates or fails to perform any of such violation the other conditions, covenants or default; (3) if Tenant or any guarantor agreements of this Lease Agreement shall commence or have commenced against Tenant or any guarantor proceedings under a bankruptcy, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of made by Tenant, and regainany violation or failure to perform any of those conditions, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any covenants or agreements continues for a period often (10) days after written notice in writing of intention to re-entry and also the right of restoration to possession of the Leased Premises after re-entry or after judgment for possession thereof, Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, relenting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted thereof has been delivered by Landlord to enforce Tenant, or, in cases where the provisions of this Lease Agreementviolation or failure to perform cannot be corrected within ten (10) days, regain possession of Tenant does not begin to correct the Premises violation or the collection of the rentals due Landlord hereunder. Tenant shall also be liable failure to Landlord for the payment of a late charge in the amount of 10% of rental installment or other sum due Landlord hereunder if said payment has not been received perform within ten (10) days after receiving Landlord's written notice and/or Tenant thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Landlord's intention to re-enter being hereby expressly waived. Landlord may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice to the right of Landlord to recover from Tenant all rent accruing up to and through the date said payment becomes due and payableof termination of this Lease or the date of recovery of possession of the Demised Premises by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or cleared if Tenant abandons or vacates the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances, and, if the full rent hereinabove provided is not realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in first-class rentable condition. In the event Landlord terminates the Lease, Landlord shall use reasonable efforts to mitigate its damages in accordance with applicable law. Any damage or loss of rent sustained by Landlord may be recovered by Landlord, at Landlord's bank within six (6) business days after depositoption, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Landlord's option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. Each night or remedy of Landlord provided for The provisions contained in this Lease Agreement shall be cumulative and section shall be in addition to every other right or remedy provided and shall not prevent the enforcement of any claim Landlord may have against Tenant for in anticipatory breach of the unexpired term of this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwiseLease.

Appears in 1 contract

Samples: Office Lease (Healthcare Acquisition Corp)

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Default of Tenant. If Tenant shall fail to pay any one or more monthly installment of the following occurs: rent when due as aforesaid and such failure shall continue for a period of ten (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than fifteen (1510) days after same is due and payable; (2) written notice thereof to the Tenant by Landlord, or shall violate or default on fail to perform any of the other covenantsconditions, agreementscovenants or agreements herein made by Tenant, stipulations or conditions herein or in any other agreement between Landlord and Tenant relating to the Premises and such violation or defaults failure shall continue for a period of thirty (30) days after written notice from thereof to the Tenant by Landlord (unless Tenant has commenced and is diligently pursuing completion of such violation or default; (3) if cure within the 30-day period, Tenant or shall have such time as is reasonably necessary to complete such cure), then and in any guarantor of said events this Lease Agreement shall, at the option of Landlord, cease and terminate and shall commence or have commenced against Tenant or any guarantor proceedings under operate as a bankruptcynotice to quit, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any notice in writing to quit or of Landlord’s intention to re-entry enter being hereby expressly waived, and also Landlord may proceed to recover possession under and by virtue of the provisions of the laws of the State of Virginia or by such other legal proceedings, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of restoration Landlord to recover from Tenant all rental accrued up to the time of termination of recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the Leased term of this Lease by reason of Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the demised Premises after re-entry before the expiration or after judgment termination of the term of this Lease, the demised Premises may be relet by Landlord for possession thereofsuch rent and upon such terms as are not unreasonable under the circumstance, and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be responsible forliable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorney’s fees, brokerage fees, and expenses of placing the Premises in rentable condition. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Tenant’s option, at the time of the re-letting, or in separate actions, from time to time, as said expiration of the term of this Lease, in addition which event the cause of action shall not be deemed to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, relenting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of 10% of rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from have accrued until the date of expiration of said payment becomes due and payable, or cleared by Landlord's bank within six (6) business days after deposit. Each night or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise.Initials TD / Illegible

Appears in 1 contract

Samples: Website Pros Inc

Default of Tenant. If Tenant shall fail to pay any one monthly installment of rent as aforesaid (although no legal or more of the following occurs: (1) a rent payment formal demand has been made therefor), or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than fifteen (15) days after same is due and payable; (2) Tenant shall violate or default on fail to perform any of the other covenantsconditions, agreementscovenants or agreements herein made by Tenant, stipulations and such failure to pay rent or conditions herein or in any other agreement between Landlord and Tenant relating to the Premises and such violation or defaults failure shall continue for a period of thirty ten (3010) days after written notice from Landlord thereof to Tenant by Landlord, then and in any of such violation or default; (3) if Tenant or any guarantor of said events this Lease Agreement shall, at the option of Landlord, cease and terminate and shall commence or have commenced against Tenant or any guarantor proceedings under operate as a bankruptcynotice to quit, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any notice in writing to quit, or of Landlord’s intention to re-enter, being hereby expressly waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of the State of Maryland, or by such other proceedings, including re-entry and also possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of restoration Landlord to recover from Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease by reason of Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the Demised Premises before the expiration or termination of the Leased Premises after re-entry or after judgment Term of this Lease, the Demised premises may be relet by Landlord for possession thereofsuch rent and upon such terms as are not unreasonable under the circumstances and, if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be responsible forliable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys’ fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord’s option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Landlord’s option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. If Landlord should commence any summary proceeding for non-payment of rent by Tenant, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding. The provisions contained in this paragraph shall be in addition to and shall not prevent the rentals and other sums agreed to be paid hereunder, the cost enforcement of any necessary maintenanceclaim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. In the event that Tenant continues to occupy the Demised Premises after the expiration of the term of this Lease, repairwith the express or implied consent of Landlord, restoration, relenting (including related cost such tenancy shall be from month-to-month and shall not be renewal of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions term of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereundertenancy from year-to year. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of 10% of rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days from the date said payment becomes due All rights and payable, or cleared by Landlord's bank within six (6) business days after deposit. Each night or remedy remedies of Landlord provided for in under this Lease Agreement shall be cumulative and shall not be in addition exclusive of any other rights and remedies provided to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwiseLandlord under applicable law.

Appears in 1 contract

Samples: Lease (Tvi Corp)

Default of Tenant. If This Agreement may be terminated at any one time by HRM on criteria for default of Tenant. The Landlord shall have the right at any time to remedy or more attempt to remedy any default of the following occurs: (1) a rent payment Tenant hereunder, and in so doing to make any payments due or any other payment alleged to be due from by the Tenant to a third party and may enter upon the leased premises to do any work or repairs for which the Tenant is responsible under this Facility Lease Agreement and in such event all expenses of the Landlord in remedying or attempting to remedy such default shall be recoverable by the Landlord from the Tenant. Payment in full or through payment plan will be arranged with HRM. Interest will be factored into the outstanding debt based on determination of HRM. The Landlord may decide to terminate and remain unpaid re-enter upon the leased premises for reasons which include but are not limited to the following: •the Tenant is incapable of day to day program or facility operation •facility needs to be protected against vandalism, theft, pipes freezing, activity contrary to public safety •the Tenant became in whole danger of bankruptcy or in part for more than fifteen foreclosure actions •facility being used contrary to the terms of the Agreement to the deterrent of HRM •facility use and programming creates hardship to the immediate residents •the Tenant cannot successfully obtain legal Registered Non Profit Society Status (15may also include Federal Charitable Status) days after same is due and payable; (2) •the Tenant does not maintain current General Liability Insurance •any unauthorized assignment of subletting of this lease by the Tenant •unauthorized facility change that effects the Landlords building insurance •the Tenant shall violate or default on any not observe, perform and keep all and every one of the other covenants, agreements, provisions, stipulations or and conditions herein contained to be observed, performed and kept by the Tenant •if the leased premises shall become vacant * Note - Upon termination of this Facility Lease Agreement the owner will take responsibility and control of the facility. In the event of a claim for debt, damages or in indemnity by the Landlord against the Tenant, the Landlord shall have the right to seize and take possession of any equipment, furniture or other agreement between Landlord property of any nature whatsoever situated on the leased premises and to sell the same at public or private sale without notice and to apply the proceeds thereof upon the account of Tenant. The Tenant relating to the Premises and such violation or defaults shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default; (3) if Tenant or any guarantor of this Lease Agreement shall commence or have commenced against Tenant or any guarantor proceedings under a bankruptcy, receivership, insolvency or similar types of action; or (4) Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any notice in writing of intention to re-entry and also the right of restoration to possession of the Leased Premises after re-entry or after judgment for possession thereof, Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, relenting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to the Landlord for the payment deficiency if any and the Tenant hereby waives and renounces the benefit of a late charge any present or future Act in force in Canada or in the amount Province of 10% of rental installment Nova Scotia which takes away or other sum due limits the Landlord's rights, and that the Landlord hereunder may seize and sell the Tenant's goods and chattels as fully as the Landlord might have done if said payment has such Act had not been received within ten (10) days from the date said payment becomes due and payable, enacted or cleared by Landlord's bank within six (6) business days after deposit. Each night or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwisepassed.

Appears in 1 contract

Samples: Agreement

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