Common use of Distress Clause in Contracts

Distress. If and whenever the Tenant is in default in payment of the Rent owed under this Lease, interest on that Rent and any value added tax in respect to that Rent, the Landlord may use the commercial rent arrears recovery (the "CRAR") procedure set out in Schedule 12 (Taking control of goods) of the Tribunals, Courts and Enforcement ▇▇▇ ▇▇▇▇ to have an enforcement agent use its enforcement power to take control of the Tenant's goods and sell them to recover that outstanding amount. If the Tenant continues to occupy the Premises without the written consent of the Landlord at the expiration or other termination of the term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as rent, an amount equal to twice the Base Rent plus any Additional Rent during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly, and subject always to all the other provisions of this Lease insofar as they are applicable to a tenancy at will and a tenancy from month to month or from year to year will not be created by implication of law; provided that nothing in this clause contained will preclude the Landlord from taking action for recovery of possession of the Premises. Inspections and Landlord's Right to Enter The Landlord and the Tenant will complete, sign and date a schedule of condition at the beginning and at the end of this tenancy. During the Term and any renewal of this Lease, the Landlord and its agents may enter the Premises to make inspections or repairs at all reasonable times. However, except where the Landlord or its agents consider it is an emergency, the Landlord must have given not less than 24 hours prior written notice to the Tenant. The Tenant acknowledges that the Landlord or its agent will have the right to enter the Premises at all reasonable times to show them to prospective purchasers, encumbrancers, lessees or assignees, and may also during the ninety days preceding the termination of the terms of this Lease, place upon the Premises the usual type of notice to the effect that the Premises are for rent, which notice the Tenant will permit to remain on them. The Landlord may inspect the Tenant's goods on the Premises and the Tenant's records relating to those goods during normal business hours, with at least five (5) days' written notice, to identify the nature of the goods, compliance with this Lease, or compliance with any laws, regulations, or other rules.

Distress. If (a) The Tenant hereby waives and whenever renounces the benefit of any present or future Laws, statutory or otherwise, taking away or limiting or purporting to take away or limit the Landlord’s right of distress (including the Tenancies and Distress for Rent Act (Nova Scotia)) and the Tenant is in default in payment hereby agrees with the Landlord that, notwithstanding any such laws, all goods, chattels and inventory (collectively, the “Goods”) from time to time on the Premises shall be subject to distress for Rent and the fulfilment of all of the Rent owed Tenant’s obligations under this LeaseLease in the same manner as if such laws had not been made. Upon the Landlord effecting a distress, interest on that Rent and this provision may be pleaded as an estoppel against any value added tax Claims which the Tenant, or any Person claiming through the Tenant, may bring against the Landlord in respect of any distress levied by the Landlord. (b) In addition to that Rentany other rights of the Landlord to distrain, the Landlord may use the commercial rent arrears recovery (the "CRAR") procedure set out in Schedule 12 (Taking control of goods) distrain on all of the TribunalsGoods in the Premises, Courts including all heavy or connected machinery and Enforcement ▇▇▇ ▇▇▇▇ equipment. The Landlord may, without notice to have an enforcement agent use its enforcement power to take control of the Tenant's goods , exercise any right of distress on the Goods and sell them in order to recover that outstanding amount. If the Tenant continues to occupy the Premises without the written consent of the Landlord at the expiration or other termination of the term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as rent, an amount equal to twice the Base Rent plus any Additional Rent during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly, and subject always to all the other provisions of this Lease insofar as they are applicable to a tenancy at will and a tenancy from month to month or from year to year will not be created by implication of law; provided that nothing in this clause contained will preclude the Landlord from taking action for recovery of possession of the Premises. Inspections and Landlord's Right to Enter The Landlord and the Tenant will complete, sign and date a schedule of condition at the beginning and at the end of this tenancy. During the Term and any renewal of this Leasedo so, the Landlord and its agents may enter the Premises by any means which the Landlord in its sole and absolute discretion deems necessary, including using any keys in the Landlord’s possession to make inspections unlock any locks preventing access to the Premises or repairs by the use of such force as the Landlord in its sole and absolute discretion deems necessary, including breaking any lock, door or window or other point of entry into the Premises. The Landlord has the right to lock the Premises, change any locks on the Premises and by any means exclude the Tenant from all or any part(s) of the Premises and by doing so, the Landlord will not thereby be terminating this Lease in the absence of an express written notice terminating this Lease. The Tenant hereby consents to being excluded by the Landlord from all or any parts of the Premises for the purpose of the Landlord exercising its right of distress and acknowledges and agrees that such exclusion will not constitute a termination of this Lease in the absence of an express written notice from the Landlord terminating this Lease. The Landlord may exercise any right of distress at all reasonable timesany time during the day or night and on any day of the week whether or not the Premises are occupied by any Person at the time. (c) A distress of the Goods may be done by way of a written notice posted in or on the Premises, whether or not the Landlord locks or otherwise secures such Goods from the Tenant on the Premises or elsewhere. HoweverIf the Landlord effects a distress by written notice or by any other means, except where the Tenant shall not use, remove or permit to be used or removed any distrained Goods and shall not interfere with the Landlord’s exercise of its right of distress. (d) The exercise by the Landlord of its right of distress pursuant to this section or at law will not: (i) constitute a trespass or breach of any express or implied term of this Lease or render the Landlord subject to any legal proceeding; or (ii) render the Landlord liable or responsible in any way to the Tenant or any other Person for any act, fault, default, gross negligence, breach or omission of the Landlord or its agents consider it is an emergencybailiffs, the Landlord must have given not less than 24 hours prior written notice agents, servants, employees or any other Persons, or for any occurrence or for any cause whatsoever, including any Injury to the Tenant. The Tenant acknowledges that the Landlord or its agent will have the right others or for any loss or damage to enter the Premises at all reasonable times to show them to prospective purchasers, encumbrancers, lessees or assignees, and may also during the ninety days preceding the termination any property of the terms of this Lease, place upon the Premises the usual type of notice to the effect that the Premises are for rent, which notice the Tenant will permit to remain on them. The Landlord may inspect the Tenant's goods on the Premises and the Tenant's records relating to those goods during normal business hours, with at least five (5) days' written notice, to identify the nature of the goods, compliance with this Lease, or compliance with any laws, regulations, or other rulesothers.

Distress. If (a) The Tenant hereby waives and whenever renounces the benefit of any present or future laws, statutory or otherwise, taking away or limiting or purporting to take away or limit the Landlord’s right of distress and the Tenant is in default in payment hereby agrees with the Landlord that, notwithstanding any such laws, all goods, chattels and inventory (collectively, the “Goods”) from time to time on the Premises shall be subject to distress for Rent and the fulfilment of all of the Rent owed Tenant’s obligations under this LeaseLease in the same manner as if such laws had not been made. Upon the Landlord effecting a distress, interest on that Rent and this provision may be pleaded as an estoppel against any value added tax Claims which the Tenant, or any Person claiming through the Tenant, may bring against the Landlord in respect of any distress levied by the Landlord. (b) In addition to that Rentany other rights of the Landlord to distrain, the Landlord may use shall have the commercial rent arrears recovery (the "CRAR") procedure set out in Schedule 12 (Taking control of goods) right to distrain on all of the TribunalsGoods on the Premises, Courts including, without limitation, all heavy or connected machinery and Enforcement ▇▇▇ ▇▇▇▇ equipment. The Landlord may without notice to have an enforcement agent use its enforcement power to take control of the Tenant's goods and sell them to recover that outstanding amount. If the Tenant continues to occupy exercise any right of distress on the Premises without and for such purpose the written consent of Tenant agrees that the Landlord at the expiration or other termination of the term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as rent, an amount equal to twice the Base Rent plus any Additional Rent during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly, and subject always to all the other provisions of this Lease insofar as they are applicable to a tenancy at will and a tenancy from month to month or from year to year will not be created by implication of law; provided that nothing in this clause contained will preclude the Landlord from taking action for recovery of possession of the Premises. Inspections and Landlord's Right to Enter The Landlord and the Tenant will complete, sign and date a schedule of condition at the beginning and at the end of this tenancy. During the Term and any renewal of this Lease, the Landlord and its agents may enter the Premises by any means which the Landlord in its sole and absolute discretion deems necessary, including, without limiting the generality of the foregoing, by using any keys in the Landlord’s possession to make inspections unlock any locks preventing access to the Premises or repairs by the use of such force as the Landlord in its sole and absolute discretion deems necessary, including, without limitation, the breaking of any lock, door or window or other point of entry into the Premises. The Landlord shall have the right to lock the Premises, change any locks on the Premises and by any means exclude the Tenant from all or any parts of the Premises and the Landlord shall not thereby be terminating this Lease in the absence of an express written notice terminating this Lease. The Tenant hereby consents to being excluded by the Landlord from all or any parts of the Premises for the purpose of the Landlord exercising its right of distress and acknowledges and agrees that such exclusion shall not constitute a termination of this Lease in the absence of an express written notice from the Landlord terminating this Lease. The Landlord may exercise any right of distress at any time during the day or night and on any day of the week whether or not the Premises are occupied by any Person at the time. (c) The Tenant agrees that a distress of all reasonable timesof the Goods may be effected by written notice posted in or on the Premises, whether or not the Landlord locks or otherwise secures such Goods from the Tenant on the Premises or elsewhere. HoweverIf the Landlord effects a distress by written notice or by any other means, except where the Tenant agrees not to use, remove or permit to be used or removed any distrained Goods and not to interfere with the Landlord’s exercise of its right of distress. (d) The Tenant agrees that the Landlord’s exercise of any right of distress as permitted hereby or at law shall not: (i) constitute a trespass or breach of any express or implied term of this Lease or render the Landlord subject to any legal proceeding, or (ii) render the Landlord liable or responsible in any way to the Tenant or any other Person for any act, fault, default, negligence, breach or omission of the Landlord or its agents consider it is an emergencybailiffs, the Landlord must have given not less than 24 hours prior written notice agents, servants, employees or any other Persons, or for any occurrence or for any cause whatsoever, including, without limitation, any Injury to the Tenant. The Tenant acknowledges that the Landlord or its agent will have the right others or for any loss or damage to enter the Premises at all reasonable times to show them to prospective purchasers, encumbrancers, lessees or assignees, and may also during the ninety days preceding the termination any property of the terms of this Lease, place upon the Premises the usual type of notice to the effect that the Premises are for rent, which notice the Tenant will permit to remain on them. The Landlord may inspect the Tenant's goods on the Premises and the Tenant's records relating to those goods during normal business hours, with at least five (5) days' written notice, to identify the nature of the goods, compliance with this Lease, or compliance with any laws, regulations, or other rulesothers.

Distress. If (a) The Tenant hereby waives and whenever renounces the benefit of any present or future laws, statutory or otherwise, taking away or limiting or purporting to take away or limit the Landlord’s right of distress and the Tenant is in default in payment hereby agrees with the Landlord that, notwithstanding any such laws, all goods, chattels and inventory (collectively, the “Goods”) from time to time on the Premises shall be subject to distress for Rent and the fulfilment of all of the Rent owed Tenant’s obligations under this LeaseLease ill the same manner as if such laws had not been made. Upon the Landlord effecting a distress, interest on that Rent and this provision may be pleaded as an estoppel against any value added tax Claims which the Tenant, or any Person claiming through the Tenant, may bring against the Landlord in respect of any distress levied by the Landlord. (b) In addition to that Rentany other rights of the Landlord to distrain, the Landlord may use shall have the commercial rent arrears recovery (the "CRAR") procedure set out in Schedule 12 (Taking control of goods) right to distrain on all of the TribunalsGoods on the Premises, Courts including, without limitation, all heavy or connected machinery and Enforcement ▇▇▇ ▇▇▇▇ equipment. The Landlord may without notice to have an enforcement agent use its enforcement power to take control of the Tenant's goods and sell them to recover that outstanding amount. If the Tenant continues to occupy exercise any right of distress on the Premises without and for such purpose the written consent of Tenant agrees that the Landlord at the expiration or other termination of the term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as rent, an amount equal to twice the Base Rent plus any Additional Rent during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly, and subject always to all the other provisions of this Lease insofar as they are applicable to a tenancy at will and a tenancy from month to month or from year to year will not be created by implication of law; provided that nothing in this clause contained will preclude the Landlord from taking action for recovery of possession of the Premises. Inspections and Landlord's Right to Enter The Landlord and the Tenant will complete, sign and date a schedule of condition at the beginning and at the end of this tenancy. During the Term and any renewal of this Lease, the Landlord and its agents may enter the Premises by any means which the Landlord in its sole and absolute discretion deems necessary, including, without limiting the generality of the foregoing, by using any keys in the Landlord’s possession to make inspections unlock any locks preventing access to the Premises or repairs by the use of such force as the Landlord in its sole and absolute discretion deems necessary, including, without limitation, the breaking of any lock, door or window or other point of entry into the Premises. The Landlord shall have the right to lock the Premises, change ally locks on the Premises and by any means exclude the Tenant from all or any parts of the Premises and the Landlord shall not thereby be terminating this Lease in the absence of an express written notice terminating this Lease. The Tenant hereby consents to being excluded by the Landlord from all or any parts of the Premises for the purpose of the Landlord exercising its right of distress and acknowledges and agrees that such exclusion shall not constitute a termination of this Lease in the absence of an express written notice from the Landlord terminating this Lease. The Landlord may exercise any right of distress at any time during the day or night and on any day of the week whether or not the Premises are occupied by any Person at the time. (c) The Tenant agrees that a distress of all reasonable timesof the Goods may be effected by written notice posted ill or on the Premises, whether or not the Landlord locks or otherwise secures such Goods from the Tenant on the Premises or elsewhere. HoweverIf the Landlord effects a distress by written notice or by any other means, except where the Tenant agrees not to use, remove or permit to be used or removed any distrained Goods and not to interfere with the Landlord’s exercise of its right of distress. (d) The Tenant agrees that the Landlord’s exercise of any right of distress as permitted hereby or at law shall not: (i) constitute a trespass or breach of any express or implied term of this Lease or render the Landlord subject to any legal proceeding, or (ii) render the Landlord liable or responsible in any way to the Tenant or any other Person for any act, fault, default, negligence, breach or omission of the Landlord or its agents consider it is an emergencybailiffs, the Landlord must have given not less than 24 hours prior written notice agents, servants, employees or any other Persons, or for any occurrence or for any cause whatsoever, including, without limitation, any Injury to the Tenant. The Tenant acknowledges that the Landlord or its agent will have the right others or for any loss or damage to enter the Premises at all reasonable times to show them to prospective purchasers, encumbrancers, lessees or assignees, and may also during the ninety days preceding the termination any property of the terms of this Lease, place upon the Premises the usual type of notice to the effect that the Premises are for rent, which notice the Tenant will permit to remain on them. The Landlord may inspect the Tenant's goods on the Premises and the Tenant's records relating to those goods during normal business hours, with at least five (5) days' written notice, to identify the nature of the goods, compliance with this Lease, or compliance with any laws, regulations, or other rulesothers.

Distress. If The Tenant waives and whenever renounces the benefit of any present or future statute taking away or limiting the Landlord's right of distress and covenants and agrees that, notwithstanding any such statute, none of the goods and chattels of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for Rent or any other charges. The Tenant agrees to provide the Landlord with a key which will at all times open the locks to the Premises and expressly licences and authorizes: (a) the Landlord to use the key for the purposes of effecting entry to the Premises to distrain on the goods and chattels of the Tenant or to prevent the Tenant from removing them; if the Landlord does not have the key or is unable to gain access to the Premises by the use of the key, the Tenant expressly licences and authorizes the Landlord to use any other means of ingress for the purpose of effecting distress as the Landlord may in default its sole discretion determine including, without limitation, the breaking of the lock or of any window without being liable for any damages or prosecution for doing so; (b) the Landlord to distrain at any time of the day or night including, without limitation, after sunset, before sunrise and on Sundays and statutory holidays; (c) to levy distress against such goods and chattels at any place to which the Tenant or any other person may have removed them, in payment the same manner as if they had remained on the Premises; (d) to sell any goods and chattels seized at public or private sale, without notice, and to apply the net proceeds of such sale on account of the Rent owed or any other sums due under this Lease, interest and Tenant shall remain liable for any deficiency. The Tenant shall pay to the Landlord on that Rent demand, to the extent not recovered out of any distress, all fees and any value added tax in respect expenses of levying distress including, without limitation, all legal, locksmith, bailiff, appraiser and auctioneer fees, together with three (3) months' accelerated Rent. The Tenant expressly gives its consent to that RentCanada Customs and Revenue Agency, the Landlord may use the commercial rent arrears recovery Ontario Ministry of Finance and all other federal, provincial and municipal taxing authorities (the "CRARAUTHORITY") procedure set out in Schedule 12 (Taking control of goods) of the Tribunals, Courts and Enforcement ▇▇▇ ▇▇▇▇ releasing to have an enforcement agent use its enforcement power to take control of the Tenant's goods and sell them to recover that outstanding amount. If the Tenant continues to occupy the Premises without the written consent of the Landlord at the expiration or other termination of the term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as rent, an amount equal to twice the Base Rent plus any Additional Rent during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly, and subject always to all the other provisions of this Lease insofar as they are applicable to a tenancy at will and a tenancy from month to month or from year to year will not be created by implication of law; provided that nothing in this clause contained will preclude the Landlord from taking action for recovery of possession of the Premises. Inspections and Landlord's Right to Enter The Landlord and the Tenant will complete, sign and date a schedule of condition at the beginning and at the end of this tenancy. During the Term and any renewal of this Lease, the Landlord and its agents may enter duly authorized agent the Premises particulars of any amounts owing by the Tenant to make inspections or repairs at all reasonable times. Howeverthe Authority, except where to the extent that the Authority claims priority over the Landlord or its agents consider it is an emergency, against any proceeds in the Landlord must have given not less than 24 hours prior written notice to the Tenant. The Tenant acknowledges that hands of the Landlord or its agent will have from realization against the right to enter property of the Tenant. All goods and chattels brought by the Tenant onto the Premises at all reasonable times to show them to prospective purchasers, encumbrancers, lessees or assignees, and may also during shall be the ninety days preceding the termination unencumbered property of the terms Tenant and they shall not be subjected to any claim or other encumbrance at any time without the prior written consent of this Lease, place upon the Landlord. If the Tenant shall leave the Premises leaving any Rent or other amounts owing under this Lease unpaid, the usual type Landlord, in addition to any other available remedy, may seize and sell the goods and chattels of notice to the effect that the Premises are for rent, which notice the Tenant will permit at any place to remain on them. The Landlord which the Tenant or another person may inspect have removed them in the Tenant's same manner as if such goods and chattels had remained and been distrained on the Premises and the Tenant's records relating to those goods during normal business hours, with at least five (5) days' written notice, to identify the nature of the goods, compliance with this Lease, or compliance with any laws, regulations, or other rulesPremises.