Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Renegy Holdings, Inc.), Lease Agreement (Catalytica Energy Systems Inc)
Landlord’s Rights. In If this Lease is assigned or if all or any portion of the event Premises is subleased or occupied by any person other than Tenant without obtaining Landlord’s consent, Landlord may collect rent and other charges from such assignee or other party, and apply the amount collected to the rent and other charges reserved under this Lease, but such collection shall not constitute consent or waiver of Tenant’s material default the necessity of consent to such assignment or subleasing, nor shall such collection constitute the recognition of such assignee or subtenant as Tenant under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession or a release of Tenant from the further performance of all of the Premises by any lawful means covenants and obligations of Tenant contained in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts No consent by Landlord to any assignment or subleasing by Tenant shall relieve Tenant of maintenanceany obligation to be paid or performed by tenant under this Lease, efforts whether occurring before or after such consent, assignment or subleasing, but rather Tenant and it assignee or subtenant, as the case may be, shall b jointly and severally primarily liable for such payment and performance. Tenant shall reimburse Landlord for its attorneys’ and other fees and costs incurred in connection with both determining whether to re-let the Premises give its consent and giving its consent. O assignment or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest subleasing under this Lease shall not constitute a termination be effective unless and until Tenant provides to Landlord an executed counterpart of the assignment or sublease agreement, which shall specifically state that (a) such agreement is subject to all of the provisions of this Lease; (b) in the case of an assignment, the assignee assumes and agrees to perform all of Tenant’s right to possession. So long obligations under the Lease; (c) the assignee or subtenant, as this Lease is the case may be, does not terminated, Landlord shall have the right to remedy any default a further assignment of Tenantsuch agreement, or to maintain or improve allow the Premises, to cause a receiver Premises to be appointed used by others, without the prior written consent of Landlord in each instance; (d) a consent by Landlord thereto shall not be deemed or construed to administer modify, amend or affect the provisions of this Lease or Tenant’s obligations under this Lease, which shall continue to apply to the Premises and new the occupants of the Premises as if the assignment or existing subleases sublease had not been made; (e) if Tenant defaults in the payment of any amounts due under this Lease, Landlord is authorized to collect any rents or other amounts due from any assignee, subtenant or other occupant of the Premises and to add apply the net amounts collected to the Rent payable hereunder all sums reserved in this Lease; and (f) the receipt by Landlord of Landlordany amounts from an assignee, subtenant or other occupant of any part of the Premises shall not be deemed or construed as releasing Tenant from Tenant’s reasonable costs in so doing, with interest at obligations under this Lease or the maximum rate permitted by law from the date acceptance of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunderthat party as a direct tenant.
Appears in 2 contracts
Samples: Lease Agreement (Herbst Gaming Inc), Lease Agreement (Herbst Gaming Inc)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s right to possession of possess the Premises by any lawful means in which case upon means. Following delivery of written notice by Landlord Landlord, this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the whether or not this Lease is terminated, Landlord shall have the immediate right of to immediately re-entryenter the Premises, and if this Landlord’s right of re-entry is exercised following Tenant’s abandonment (as statutorily defined) of the Premises by Premises, all of Tenant, Landlord may consider any personal property belonging to Tenant and ’s Property left on the Premises or in the Project shall be deemed abandoned. If Landlord relets the Premises or any portion thereof, Tenant shall immediately be liable to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). All Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of time exceeding thirty (30) days this Lease. In no event shall Tenant be entitled to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises any excess rent received by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to TenantLandlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts Lease or Tenant’s right to possess the Premises, including without limitation, acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possessionLease. So long as this Lease is not terminated, At all times Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and any new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Gsi Group Inc), Lease Agreement (Restoration Robotics Inc)
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and of Tenant's Property left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 19 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"). Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)
Landlord’s Rights. In If this Lease is assigned or if all or any portion of the event Premises is subleased or occupied by any person other than Tenant without obtaining Landlord’s consent, Landlord may collect rent and other charges from such assignee or other party, and apply the amount collected to the rent and other charges payable under this Lease, but such collection shall not constitute consent or waiver of Tenant’s material default the necessity of consent to such assignment or subleasing, nor shall such collection constitute the recognition of such assignee or subtenant as Tenant under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession or a release of Tenant from the further performance of all of the Premises by any lawful means covenants and obligations of Tenant contained in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts No consent by Landlord to any assignment or subleasing by Tenant shall relieve Tenant of maintenanceany obligation to be paid or performed by Tenant under this Lease, efforts whether occurring before or after such consent, assignment or subleasing, but rather Tenant and Tenant’s assignee or subtenant, as the case may be, shall be jointly and severally primarily liable for such payment and performance, which shall be confirmed to re-let the Premises or the appointment of a receiver Landlord in writing on Landlord’s initiative standard form, and any guarantor shall remain fully liable under such guarantor’s guaranty, which also shall be confirmed to protect Landlord in writing on Landlord’s interest standard form. Tenant shall reimburse Landlord for Landlord’s reasonable attorneys’ and other fees and costs, not to exceed $1,500 per occurrence (assuming that Landlord is not asked to prepare the assignment or sublease agreement, or to negotiate or revise substantially (meaning spending more than one hour in attorney time) the Sublease Consent Agreement attached as Exhibit E), incurred in connection with both determining whether to give consent and giving consent. No assignment under this Lease shall not constitute be effective unless and until Tenant provides to Landlord an executed counterpart of the assignment agreement in form and substance reasonably satisfactory to Landlord, and Landlord has executed and delivered a termination written consent thereto in Landlord’s standard form. No subleasing under this Lease shall be effective unless and until Tenant provides to Landlord fully executed counterparts of Tenant’s right to possessionthe sublease agreement and the Sublease Consent Agreement substantially in the form attached as Exhibit E (which shall be negotiated by Landlord in good faith), and Landlord has executed and delivered the Sublease Consent Agreement. So long as Without affecting any of its other obligations under this Lease, if this Lease is not terminatedassigned or all or any portion of the Premises is subleased and the rent, Landlord shall have the right to remedy any default of Tenantadditional rent, to maintain compensation or improve the Premises, to cause a receiver other economic consideration received or to be appointed received by Tenant in connection with such assignment or sublease (including, without limitation, any payment in excess of fair market value for services rendered by Tenant to administer the assignee or subtenant or for assets, fixtures, inventory, equipment or furniture transferred by Tenant to the assignee or subtenant) exceeds the Basic Monthly Rent and Tenant’s Share of Operating Expenses payable by Tenant under this Lease for the period concerned (calculated on a per rentable square foot basis if less than all of the Premises is subleased) after deducting reasonable advertising expenses, brokerage commissions, tenant improvement costs and new attorneys’ fees actually incurred by Tenant and payable to non-affiliated third parties in connection with such assignment or existing subleases subleasing, all of which must be amortized over the applicable lease term, then Tenant shall pay fifty percent (50%) of such excess to Landlord when received. Prior to Landlord consenting to any such assignment or sublease, Tenant shall provide to Landlord a detailed written schedule of all rent, additional rent, compensation or other economic consideration received or to be received by Tenant in connection with such assignment or sublease, which schedule shall be certified by Tenant to Landlord as true, correct and complete in all respects, with such certification executed by Tenant. As used in the immediately preceding two sentences, the term “Tenant” refers to the assignor in the event of an assignment, and to add to the Rent payable hereunder all sublandlord in the event of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereundera sublease.
Appears in 2 contracts
Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any which is not cured by Tenant within the applicable cure periods as period provided for in Section 18 herein18, Landlord may terminate Tenant’s right to possession of possess the Premises by any lawful means in which case upon means. Following delivery of written notice by Landlord Landlord, this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the whether or not this Lease is terminated, Landlord shall have the immediate right of to immediately re-entryenter the Premises, and if this Landlord’s right of re-entry is exercised following Tenant’s abandonment (as statutorily defined) of the Premises by Premises, all of Tenant, Landlord may consider any personal property belonging to Tenant and ’s Property left on the Premises shall be deemed abandoned. If Landlord relets the Premises or any portion thereof, Tenant shall immediately be liable to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). All Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of time exceeding thirty (30) days this Lease. In no event shall Tenant be entitled to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises any excess rent received by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to TenantLandlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts Lease or Tenant’s right to possess the Premises, including without limitation, acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possessionLease. So long as this Lease is not terminated, At all times Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and any new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Infinera Corp)
Landlord’s Rights. In the event of Tenant’s material If Tenant shall be in default under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenantright, at its sole option, to maintain terminate this Lease. With or improve the Premiseswithout terminating this Lease, to cause a receiver to be appointed to administer Landlord may re-enter and take possession of the Premises and new the provisions of this Article shall operate as a notice to quit, any other notice to quit or existing subleases notice of Landlord's intention to re-enter the Premises is hereby expressly waived. If necessary, Landlord may proceed to recover possession of the Premises under and by virtue of the laws of the District of Columbia, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to add terminate this Lease, everything contained in this Lease on the part of the Landlord to be done and performed shall cease without prejudice, subject, however, to the Rent payable hereunder right of Landlord to recover from Tenant all rent accrued up to the time of termination or recovery of possession by Landlord’s , whichever is later. Whether or not this Lease is terminated by reason of Tenant's default, the Premises may be relet by Landlord for such rent and upon such terms as Landlord deems reasonable costs under the circumstances and, if the full rent provided herein plus the costs, expenses, and damages described below shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in so doingfixed and additional rent, with interest reasonable attorneys' fees, brokerage fees, and the expenses of placing the Premises in first-class rentable condition. Any damages or loss of rent sustained by Landlord may be recovered by Landlord, at Landlord's option, at the maximum rate permitted time of the reletting or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by law from successive relettings, or, at Landlord's option, may be deferred until the expiration of the Lease Term, in which event Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of such expenditureexpiration of the Lease Term. The provisions contained in this Section shall be in addition to, and shall not prevent the enforcement of, any claim Landlord shall use commercially reasonable efforts to mitigate its damages hereundermay have against Tenant for anticipatory breach of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Edutrek Int Inc)
Landlord’s Rights. In the event of Tenant’s material default under this Lease which continues beyond any applicable notice and cure periods as provided in Section 18 hereinperiods, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and of Tenant’s Property left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 19 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Alphasmart Inc)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy execute and deliver Fee Mortgage(s) at any default time and from time to time during the Term, provided that (a) the Fee Mortgage by its terms recites that it is subordinate to this Lease and any and all estates arising from this Lease; and (b) the proposed Fee Mortgagee is not a Prohibited Person (Landlord). Any Fee Mortgage entered into in violation of Tenantthe preceding sentence shall be null and void. If Landlord executes and delivers a Fee Mortgage, to maintain then Landlord shall within ten (10) Business Days provide Tenant with a copy of such Fee Mortgage. If a Fee Mortgagee forecloses under its Fee Mortgage or improve the Premisesaccepts a deed in lieu of such foreclosure, to cause a receiver to be appointed to administer the Premises then this Lease shall continue in full force and new or existing subleases effect and to add Tenant shall attorn to the Rent payable holder of the Fee Estate as successor Landlord under this Lease (subject to the limitations on such Fee Mortgagee's liability for defaults of its Mortgagor, as are provided in this Lease). Such attornment shall in no way diminish or impair Tenant's rights and remedies against Landlord hereunder all or require waiver of Landlord’s reasonable costs any Landlord default. Tenant shall not be required to join in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts any Fee Mortgage or subordinate this Lease to mitigate its damages hereunderany Fee Mortgage.
Appears in 1 contract
Landlord’s Rights. In If this Lease is assigned or if all or any portion of the event Premises is subleased or occupied by any person other than Tenant without obtaining Landlord's consent, Landlord may collect rent and other charges from such assignee or other party, and apply the amount collected to the rent and other charges payable under this Lease, but such collection shall not constitute consent or waiver of Tenant’s material default the necessity of consent to such assignment or subleasing, nor shall such collection constitute the recognition of such assignee or subtenant as Tenant under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession or a release of Tenant from the further performance of all of the Premises by any lawful means covenants and obligations of Tenant contained in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts No consent by Landlord to any assignment or subleasing by Tenant shall relieve Tenant of maintenanceany obligation to be paid or performed by Tenant under this Lease, efforts whether occurring before or after such consent, assignment or subleasing, but rather Tenant and Tenant's assignee or subtenant, as the case may be, shall be jointly and severally primarily liable for such payment and performance. Tenant shall reimburse Landlord for Landlord's(20) attorneys' and other fees and costs incurred in connection with both determining whether to re-let the Premises give consent and giving consent. No assignment or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest subleasing under this Lease shall not constitute a termination be effective unless and until Tenant provides to Landlord an executed counterpart of the assignment or sublease agreement, which shall specifically state that (a) such agreement is subject to all of the provisions of this Lease, (b) in the case of an assignment, the assignee assumes and agrees to perform all of Tenant’s right to possession. So long 's obligations under this Lease, (c) the assignee or subtenant, as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.--------------------- (19) fifteen (15)
Appears in 1 contract
Samples: Office Lease (Arkona Inc)
Landlord’s Rights. In the event addition to Landlord’s rights of Tenant’s material default self-help set forth elsewhere in this Lease or as provided by law or by equity, if Tenant at any time fails to perform any of its obligations under this Lease beyond any applicable cure periods as provided in Section 18 herein, a manner satisfactory to Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right right, but not the obligation, to perform, or cause to be performed, such obligations on behalf and at the expense of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left to take ail such action Landlord deems appropriate to perform or cause to be performed such obligations on behalf and at the Premises for a period expense of time exceeding thirty (30) days Tenant and to also have been abandoned; provided, however, that said thirty (30) days is not in addition take all such action which Landlord deems appropriate to the statutorily required time period under applicable lawperform such obligations. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative costs and expenses incurred with respect to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy curing any default of Tenant, and any costs and expenses incurred by Landlord as a direct or indirect result of any default of Tenant (whether or not cured by Tenant) shall, upon demand, be paid for by Tenant as Additional Rent. In performing or causing the performance of any such obligations of Tenant, Landlord shall incur no liability for any loss or damage that may accrue to maintain or improve the PremisesTenant, to cause a receiver to be appointed to administer the Premises or Tenant’s Property by reason thereof. The performance by Landlord of any such obligations shall not constitute a release or waiver of any of Tenants obligations under this Lease Tenant shall reimburse Landlord upon demand for any costs or expenses, including attorney fees, incurred by Landlord in connection with the enforcement of Tenant’s obligations hereunder or otherwise incurred by Landlord in connection with any judicial proceedings regarding the rights and new obligations of Tenant under this Lease Any and all costs or existing subleases and to add expenses incurred by Landlord pursuant to the provisions hereof shall be considered as Additional Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable notice and cure periods as provided in Section 18 hereinperiod, Landlord may terminate Tenant’s right to possession of possess the Premises by any lawful means in which case upon means. Following delivery of written notice by Landlord Landlord, this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the whether or not this Lease is terminated, Landlord shall have the immediate right of to immediately re-entryenter the Premises, and if this Landlord’s right of re-entry is exercised following Tenant’s abandonment (as statutorily defined) of the Premises by Premises, all of Tenant, Landlord may consider any personal property belonging to Tenant and ’s Property left on the Premises or in the Project shall be deemed abandoned. If Landlord relets the Premises or any portion thereof, Tenant shall immediately be liable to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). All Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of time exceeding thirty (30) days this Lease. In no event shall Tenant be entitled to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises any excess rent received by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to TenantLandlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts Lease or Tenant’s right to possess the Premises, including without limitation, acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possessionLease. So long as this Lease is not terminated, At all times Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and any new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Proofpoint Inc)
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice notice, and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and of Tenant's Property left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relates the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"). To the fullest extent permitted by law, any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Damages Recoverable: If Tenant breaches this Lease and abandons the Premises before the end of the Term, or if Tenant's right to possession is terminated by Landlord because of a breach or default under this Lease, then in either such case, Landlord may recover from Tenant all damages suffered by Landlord as a result of Tenant's failure to perform its obligations hereunder, including without limitation, the following: the unamortized cost of any Tenant Improvements constructed by or on behalf of Tenant pursuant to Exhibit B hereto to the extent Landlord has paid for such improvements. the unamortized portion of any broker's or leasing agent's commission incurred with respect to the leasing of the Premises to Tenant for the balance of the Term of the Lease remaining after the date on which Tenant is in default of its obligations hereunder. all Reletting Costs. the worth at the time of the award (computed in accordance with Subparagraph (a)(3) of Section 1951.2 of the California Civil Code) of the amount by which the Rent then unpaid hereunder for the balance of the Lease Term exceeds the amount of such loss of Rent for the same period which Tenant proves could be reasonably avoided by Landlord, and, in such case, prior to the award Landlord may relet the Premises for the purpose of mitigating damages suffered by Landlord because of Tenant's failure to perform its obligations hereunder. Even though Tenant has abandoned the Premises following such breach, this Lease shall nevertheless continue in full force and effect for as long as Landlord does not terminate Tenant's right of possession. The "worth at the time of the award" within the meaning of Subparagraphs (a)(1) and (a)(2) of Section 1951.2 of the California Civil Code shall be computed by allowing interest at the rate of ten percent (10%) per annum. until Landlord elects to terminate Tenant's right of possession, Landlord shall use commercially have the remedy described in Section 1951.4 of the California Civil Code (Landlord may continue this Lease in effect after Tenant's breach and abandonment and recover Rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable efforts limitations) and may enforce all its rights and remedies under this Lease, including the right to mitigate its damages recover the Rent from Tenant as it becomes due hereunder.
Appears in 1 contract
Samples: Lease Agreement (Cell Genesys Inc)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s right to possession of possess the Premises by any lawful means in which case upon means. Following delivery of written notice by Landlord Landlord, this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the whether or not this Lease is terminated, Landlord shall have the immediate right of to immediately re-entryenter the Premises, and if this Landlord’s right of re-entry is exercised following Tenant’s abandonment (as statutorily defined) of the Premises by Premises, all of Tenant, Landlord may consider any personal property belonging to Tenant and ’s Property left on the Premises or in the Project shall be deemed abandoned. If Landlord relets the Premises or any portion thereof, Tenant shall immediately be liable to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). All Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of time exceeding thirty (30) days this Lease. In no event shall Tenant be entitled to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises any excess rent received by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to TenantLandlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts Lease or Tenant’s right to possess the Premises, including without limitation, acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination Lease. After the lapse of Tenant’s right to possession. So long as this Lease is not terminatedany applicable notice and cure period, at all times Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and any new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Meru Networks Inc)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In additionaddition and to the extent permitted by law, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all reasonable and actual costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar industry standard costs (collectively, the “Reletting Costs”), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises maintenance or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or any existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use all commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Synplicity Inc)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and of Tenant’s Property left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 19 shall be construed contrued as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In If this Lease is assigned or if all or any portion of the event Premises is subleased or occupied by any person other than Tenant without obtaining Landlord’s consent56, Landlord may collect rent and other charges from such assignee or other party, and apply the amount collected to the rent and other charges payable under this Lease, but such collection shall not constitute consent or waiver of Tenant’s material default the necessity of consent to such assignment or subleasing, nor shall such collection constitute the recognition of such assignee or subtenant as Tenant under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession or a release of Tenant from the further performance of all of the Premises by any lawful means covenants and obligations of Tenant contained in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts No consent by Landlord to any assignment or subleasing by Tenant shall relieve Tenant of maintenanceany obligation to be paid or performed by Tenant under this Lease, efforts to re-let whether occurring before or after such consent, assignment or subleasing, but rather Tenant and Tenant’s assignee or subtenant, as the Premises or the appointment of a receiver on case may be, shall be jointly and severally primarily liable for such payment and performance. Tenant shall reimburse Landlord for Landlord’s initiative attorneys’ and other fees and costs incurred in connection with both determining whether to protect Landlord’s interest give consent and giving consent57. No assignment or subleasing under this Lease shall not constitute a termination be effective unless and until Tenant provides to Landlord an executed counterpart of the assignment or sublease agreement, which shall specifically state that (a) such agreement is subject to all of the provisions of this Lease, (b) in the case of an assignment, the assignee assumes and agrees to perform all of Tenant’s right obligations under this Lease, (c) the assignee or subtenant, as the case may be, may not further assign such agreement, or allow the Premises to possession. So long as be used by others, without the prior written consent of Landlord in each instance58, (d) a consent by Landlord to such 56 when such consent is required 57 when such consent is required 58 when such consent is required assignment or subleasing59 shall not be deemed or construed to modify, amend or affect the provisions of this Lease is not terminatedor Tenant’s obligations under this Lease, Landlord which shall have the right continue to remedy any default of Tenant, apply to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new the occupants of the Premises as if the assignment or existing subleases sublease had not been made, (e) if Tenant defaults in the payment of any amounts due under this Lease, Landlord is authorized to collect any rents or other amounts due from any assignee, subtenant or other occupant of the Premises and to add apply the net amounts collected to the Rent sums payable hereunder all under this Lease, and (f) the receipt by Landlord of Landlordany amounts from an assignee, subtenant or other occupant of any part of the Premises shall not be deemed or construed as releasing Tenant from Tenant’s reasonable costs in so doing, with interest at obligations under this Lease or the maximum rate permitted by law from the date acceptance of such expenditurethat party as a direct tenant. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.60
Appears in 1 contract
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-re- entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, and Tax Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses and Tax Expenses and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In If this Lease is assigned or if all or any portion of the event Premises is subleased or occupied by any person other than Tenant without obtaining Landlord's consent, Landlord may collect rent and other charges from such assignee or other party, and apply the amount collected to the rent and other charges reserved under this Lease, but such collection shall not constitute consent or waiver of Tenant’s material default the necessity of consent to such assignment or subleasing, nor shall such collection constitute the recognition of such assignee or subtenant as Tenant under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession or a release of Tenant from the further performance of all of the Premises by any lawful means covenants and obligations of Tenant contained in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts No consent by Landlord to any assignment or subleasing by Tenant shall relieve Tenant of maintenanceany obligation to be paid or performed by Tenant under this Lease, efforts whether occurring before or after such consent, assignment or subleasing, but rather Tenant and Tenant's assignee or subtenant, as the case may be, shall be jointly and severally primarily liable for such payment and performance. Tenant shall reimburse Landlord for Landlord's attorneys' and other fees and costs incurred in connection with both determining whether to re-let the Premises give consent and giving consent. No assignment or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest subleasing under this Lease shall not constitute a termination be effective unless and until Tenant provides the Landlord an executed counterpart of the assignment or sublease agreement, which shall specifically state that (a) such agreement is subject to all of the provisions of this Lease; (b) in the case of an assignment, the assignee assumes and agrees to perform all of Tenant’s right 's obligations under the Lease; (c) the assignee or subtenant, as the case may be, may not further assign such agreement, or allow the Premises to possession. So long as be used by others, without the prior written consent of Landlord in each instance; (d) a consent by Landlord to such assignment or subleasing shall not be deemed or construed to modify, amend or affect the provisions of this Lease is not terminatedor Tenant's obligations under this Lease, Landlord which shall have the right continue to remedy any default of Tenant, apply to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new the occupants of the Premises as if the assignment or existing subleases sublease had not been made; (e) if Tenant defaults in the payment of any amounts due under this Lease, Landlord is authorized to collect any rents or other amounts due from any assignee, subtenant or other occupant of the Premises and to add apply the net amounts collected to the sums reserved in this Lease; and (f) the receipt by Landlord of any amounts from an assignee, subtenant or other occupant of any part of the Premises shall not be deemed or construed as releasing Tenant from Tenant's obligations under this Lease or the acceptance of that party as a direct tenant. If all or any portion of the Premises is assigned or subleased and the compensation to be received by Tenant exceeds the Basic Monthly Rent payable hereunder all (or pro rata portion of Landlord’s reasonable costs in so doingthe Basic Monthly Rent, with interest at as the maximum rate permitted by law from case may be) applicable to the date portion being assigned or sublease, Tenant shall pay such excess to Landlord on the first day of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereundereach calendar month.
Appears in 1 contract
Samples: Center Lease Willow Creek Shopping Center (MCT Holding Corp)
Landlord’s Rights. In If this Lease is assigned or if all or any portion of the event Premises is subleased or occupied by any person other than Tenant without obtaining Landlord’s consent, Landlord may collect rent and other charges from such assignee or other party, and apply the amount collected to the rent and other charges payable under this Lease, but such collection will not constitute consent or waiver of the necessity of consent to such assignment or subleasing, nor will such collection constitute the recognition of such assignee or subtenant as Tenant under this Lease or a release of Tenant from the further performance of all of the covenants and obligations of Tenant contained in this Lease. No consent by Landlord to any assignment or subleasing by Tenant will relieve Tenant of any obligation to be paid or performed by Tenant under this Lease, whether occurring before or after such consent, assignment or subleasing, but rather Tenant and Tenant’s assignee or subtenant, as the case may be, will be jointly and severally primarily liable for such payment and performance. Tenant will reimburse Landlord for Landlord’s attorneys’ and other fees and costs incurred in connection with both determining whether to give consent and giving consent. No assignment or subleasing under this Lease will be effective unless and until Tenant provides to Landlord an executed counterpart of the assignment or sublease agreement, which will specifically state that (a) such agreement is subject to all of the provisions of this Lease, (b) in the case of an assignment, the assignee assumes and agrees to perform all of Tenant’s material default obligations under this Lease, (c) the assignee or subtenant, as the case may be, may not further assign such agreement, or allow the Premises to be used by others, without the prior written consent of Landlord in each instance, (d) a consent by Landlord to such assignment or subleasing will not be deemed or construed to modify, amend or affect the provisions of this Lease or Tenant’s obligations under this Lease, which will continue to apply to the Premises and the occupants of the Premises as if the assignment or sublease had not been made, (e) if Tenant defaults in the payment of any amounts due under this Lease, Landlord is authorized to collect any rents or other amounts due from any assignee, subtenant or other occupant of the Premises and to apply the net amounts collected to the sums payable under this Lease, and (t) the receipt by Landlord of any amounts from an assignee, subtenant or other occupant of any pan of the Premises will not be deemed or construed as releasing Tenant from Tenant’s obligations under this Lease beyond or the acceptance of that party as a direct tenant. If all or any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession portion of the Premises is assigned or subleased and the compensation to be received by any lawful means in which Tenant exceeds the Basic Monthly Rent (or pro rata portion of the Basic Monthly Rent, as the case upon delivery of written notice by may be) applicable to the portion being assigned or subleased, Tenant \viii pay such excess to Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession first day of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereundereach calendar month.
Appears in 1 contract
Landlord’s Rights. In the event addition to Landlord’s rights of Tenant’s material default self-help set forth elsewhere in this Lease or as provided by law or by equity, if Tenant at any time fails to perform any of its obligations under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises a manner satisfactory to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right but not the obligation, to remedy perform or cause to be performed such obligations on behalf and at the expense of Tenant and to take all such action Landlord deems appropriate to perform or cause to be performed such obligations on behalf and at the expense of Tenant and to take all such action which Landlord deems appropriate to perform such obligations. Landlord’s costs and expenses incurred with respect to curing any default of Tenant, and any costs and expenses incurred by Landlord as a direct or indirect result of any default of Tenant (whether or not cured by Tenant) shall, upon demand, be paid for by Tenant as Additional Rent. In performing or causing the performance of any such obligations of Tenant, Landlord shall incur no liability for any loss or damage that may accrue to maintain or improve the PremisesTenant, to cause a receiver to be appointed to administer the Premises or Tenant’s Property by reason thereof. The performance by Landlord of any such obligation shall not constitute a release or waiver of any of Tenant’s obligations under this Lease. Tenant shall reimburse Landlord upon demand for any costs or expenses, including attorney fees, incurred by Landlord in connection with the enforcement of Tenant’s obligations hereunder or otherwise incurred by Landlord in connection with any judicial proceedings regarding the rights and new obligations of Tenant under this Lease. Any and all costs or existing subleases and to add expenses incurred by Landlord pursuant to the provisions hereof shall be considered as Additional Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In If (a) an Event of Default occurs and is continuing, (b) an Insolvency Event occurs, or (c) Tenant fails to vacate the event Premises and surrender possession thereof in accordance with the terms of this Lease upon the Expiration Date, then Landlord may present the Letter of Credit for payment and apply the proceeds thereof (i) to the payment of any Rental that then remains unpaid, or (ii) to any damages to which Landlord is entitled hereunder and that Landlord incurs by reason of such Event of Default or such Insolvency Event or Tenant’s material default under aforesaid failure to vacate the Premises or surrender possession thereof in accordance with the terms of this Lease beyond upon the Expiration Date. If Landlord so applies any applicable cure periods part of the proceeds of the Letter of Credit prior to the Expiration Date, then Tenant, within five (5) Business Days after Landlord’s demand, shall provide Landlord with a replacement Letter of Credit so that Landlord has the full amount of the required security at all times during the Term. If at any time the issuer of the Letter of Credit does not meet the Bank Requirements (it being understood that if Standard & Poor’s hereafter ceases the publication of ratings for banks, the parties, in determining whether the issuer of the Letter of Credit meets the Bank Requirements, shall substitute for the rating of Standard & Poor’s a rating of a reputable rating agency as provided reasonably designated by Landlord that most closely approximates a Standard & Poor’s rating of “AA” as of the date hereof), then Tenant shall deliver to Landlord a replacement Letter of Credit, issued by a bank that satisfies the Bank Requirements (and otherwise meets the requirements set forth in Section 18 26.1 hereof) within fifteen (15) Business Days after the date that Landlord gives Tenant notice of such issuer’s failure to satisfy the Bank Requirements. If Tenant fails to deliver to Landlord such replacement Letter of Credit within such period of fifteen (15) Business Days, then Landlord, in addition to Landlord’s other rights at law, in equity or as otherwise set forth herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right to present the Letter of re-entry, Credit for payment and if this right of re-entry is exercised following abandonment (retain the proceeds thereof as statutorily defined) security in lieu of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period Letter of time exceeding thirty Credit (30) days to also have been abandoned; provided, however, it being agreed that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy use, apply and transfer such proceeds in the manner described in this Article 26). Tenant shall reimburse Landlord for any default reasonable costs that Landlord incurs in so presenting the Letter of Tenant, Credit for payment within thirty (30) days after Landlord submits to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Tenant an invoice therefor. Nothing contained in this Section 26.2 limits Landlord’s reasonable costs rights or remedies in so doingequity, with interest at the maximum rate permitted by law from the date of such expenditurelaw, or as otherwise set forth herein. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.125
Appears in 1 contract
Samples: Lease (fuboTV Inc. /FL)
Landlord’s Rights. ON TERMINATION OF TERM OR POSSESSION Upon any termination of the Term hereof, whether by lapse of time or otherwise, or upon any termination of Tenant's right to possession or occupancy only, without terminating the Term hereof, Tenant shall surrender possession and vacate the Demised Premises and shall deliver possession thereof to the Landlord; and Tenant hereby grants to Landlord full and free license to enter into and upon the Demised Premises in such event and with or without process of law to repossess the Demised Premises as of Landlord's former estate and to expel or remove Tenant and any others who may be occupying the Demised Premises and to remove therefrom any and all property, using for such purpose such force as may be necessary without being guilty of or liable for trespass, eviction or forcible entry or detainer and without relinquishing Landlord's right to rent or any other right given to Landlord hereunder or by operation of law. Except as otherwise expressly provided in this Lease, Tenant hereby expressly waives the service and demand for payment of rent or for possession of the Demised Premises or to re-enter the Demised Premises, including any and every form of demand and notice prescribed by any statute or any other law. If Landlord elects to terminate Tenant's right to possession only as above provided, without terminating the Term hereof, Landlord at its option may enter into the Demised Premises, remove Tenants's property and other evidences of tenancy and take and hold possession thereof without such entry and possession terminating the Term hereof and without releasing Tenant from its obligation to pay rents herein reserved for the full Term hereof. Upon and after entry into possession without terminating such obligations, Landlord may, but shall not be obligated to, relet the Demised Premises, or any part for the account of Tenant to any person, firm or corporation other than Tenant for such rent, for such time, and upon such terms as Landlord in its sole discretion shall determine. If any rent collected by Landlord upon any such reletting for Tenant's account is not sufficient to pay monthly the full amount of the rent herein reserved, (including Monthly Minimum Rents, Adjusted Monthly Minimum Rents, Additional Rents, and other charges), and not theretofore paid by Tenant, together with the costs of any repairs, alterations, or redecoration necessary for such reletting, Tenant shall pay to Landlord the amount of each monthly deficiency upon demand, and if the rent so collected from such reletting is more than enough to pay the full amount of the rents reserved hereunder and all of the aforementioned costs, Landlord shall be entitled to retain such excess. Notwithstanding any termination of the right to possession without termination of the Term, the Landlord expressly reserves the right, at any time after there termination of possession, to terminate the Term of this Lease by notice of such termination to Tenant. Tenant, upon expiration or termination of this Lease, either by lapse of time or otherwise, agrees peaceably to surrender to Landlord the Demised Premises in broom-clean condition and in good repair ordinary wear and tear and casualty damage excepted. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession fail to leave the Demised Premises upon expiration or termination of the Premises to this Lease, Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant all other remedies available to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenanceit hereunder, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default receive, as rents for all the time Tenant shall so retain possession of Tenant, to maintain or improve the Demised Premises, or any part thereof, an amount equal to cause a receiver One Hundred Fifty Percent (150%) of the Monthly Minimum Rent and Additional Rents specified in Sections 1.04, in Article 2 or otherwise in this Lease, as applied to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunderperiod.
Appears in 1 contract
Landlord’s Rights. In the event Notwithstanding any other right of Tenant’s material default entry granted to Landlord under this Lease beyond any applicable cure periods as provided Lease, if Landlord has reason to believe that Tenant is not in compliance with this Section 18 herein30, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the then Landlord shall have the immediate right of re-entryright, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition subject to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default reasonable security requirements of Tenant, to maintain enter the Premises or improve to have consultants enter the Premises during normal business hours after reasonable prior notice to Tenant’s manager through the term of this Lease for the purpose of determining: (1) whether the Premises are in conformity with federal, state and local statutes, regulations, ordinances and policies, including those pertaining to the environmental condition of the Premises, (2) whether Tenant has complied with this Section, and (3) the corrective measures, if any, required of Tenant to cause a receiver ensure the safe use, storage and disposal of Hazardous Materials, or to be appointed remove Hazardous Materials. Tenant agrees to administer provide access and reasonable assistance for such inspection. Such inspections may include, but are not limited to, entering the Premises or adjacent property with drill rigs or other machinery for the purpose of obtaining laboratory samples and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted Landlord shall promptly repair any damage caused by law from the date of such expendituretesting. Landlord shall not be limited in the number of such inspections during the term of this Lease. Landlord shall bear the cost of any such inspections unless there is discovered as the result of any such inspection that the Premises are contaminated by Hazardous Materials, as a result of Tenant’s use commercially or occupancy thereof, at levels that, pursuant to the requirements of any law, require remediation or reporting to any governmental agency, in which event Tenant shall reimburse Landlord for the cost of such inspections within ten (10) days of receipt of a written statement therefor. If such consultants determine that the Premises are contaminated with Hazardous Materials, Tenant shall, in a timely manner, at its expense, remove such Hazardous Materials or otherwise comply with the recommendations of such consultants to the reasonable efforts satisfaction of Landlord and any applicable governmental agencies. The right granted to mitigate its damages hereunderLandlord herein to inspect the Premises shall not create a duty on Landlord’s part to inspect the Premises, or liability of Landlord for Tenant’s use, storage or disposal of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith.
Appears in 1 contract
Landlord’s Rights. In the event addition to Landlord’s rights of Tenant’s material default self-help set forth elsewhere in this Lease or as provided by law or by equity, if Tenant at any time fails to perform any of its obligations under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises a manner satisfactory to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right right, but not the obligation, to remedy perform, or cause to be performed, such obligations on behalf and at the expense of Tenant and to take all such action Landlord deems appropriate to perform or cause to be performed such obligations on behalf and at the expense of Tenant and to take all such action which Landlord deems appropriate to perform such obligations. Landlord’s costs and expenses incurred with respect to curing any default of Tenant, and any costs and expenses incurred by Landlord as a direct or indirect result of any default of Tenant (whether or not cured by Tenant) shall, within five (5) business days after demand therefor, be paid for by Tenant as Additional Rent. In performing or causing the performance of any such obligations of Tenant, Landlord shall incur no liability for any loss or damage that may accrue to maintain or improve the PremisesTenant, to cause a receiver to be appointed to administer the Premises or Tenant’s Property by reason thereof. The performance by Landlord of any such obligations shall not constitute a release or waiver of any of Tenant’s obligations under this Lease. Tenant shall reimburse Landlord upon demand for any costs or expenses, including attorney fees, incurred by Landlord in connection with the enforcement of Tenant’s obligations hereunder or otherwise incurred by Landlord in connection with any judicial proceedings regarding the rights and new obligations of Tenant under this Lease. Any and all costs or existing subleases and to add expenses incurred by Landlord pursuant to the provisions hereof shall be considered as Additional Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable notice and cure periods as provided in Section 18 hereinperiods, if any, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant of Tenant’s Property and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 19 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord terminates the Lease and subsequently relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunderhave no security interest or lien on any item of Tenant’s Property.
Appears in 1 contract
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right in a reasonable manner to remedy any default enter upon the Demised Premises at all reasonable hours and upon not less than four (4) hours prior notice to Tenant (except in case of Tenantan emergency where no notice is necessary) for the following purposes: to inspect, maintain, repair or protect the Demised Premises, utilities and services , to effect compliance with any law, order or regulation of any governmental authority having jurisdiction; to exhibit same to prospective purchasers, lenders or tenants; to make or supervise repairs, additions or alterations to the same or the building of which the Demised Premises are a part, and to take all materials thereon that may be required therefore; to erect, use and maintain pipes and conduits in and through the Demised Premises; and to alter, decorate or improve otherwise prepare the PremisesDemised Premises for re-occupancy at any time after Tenant has vacated the same or shall have removed substantially all of its property there from. None of the foregoing shall constitute an actual or constructive eviction of Tenant or a deprivation of its rights, nor subject Landlord to any liability or impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the building of which the Demised Premises are a part, or any part thereof, other than as herein specifically provided, or entitle Tenant to any compensation or diminution or abatement of the rent reserved. If Tenant refuses or neglects to make such repairs as it is required to make and complete the same with reasonable dispatch, Landlord may make or cause a receiver such repairs to be appointed to administer made at Tenant's cost and expense, and the Premises and new or existing subleases and to add amount so paid by Landlord shall be added to the installment of monthly Rent becoming due on the first of the next succeeding month and shall be then payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditureas an additional charge. Landlord shall use commercially reasonable efforts not be responsible to mitigate Tenant for any loss or damage that may accrue to its damages hereundermerchandise or other property by reason of any work done by Landlord in or about the Demised Premises. Landlord shall have the right at its sole discretion at any time to subdivide the existing land and either dispose such divided land as its see fits and/or be entitle without interference or dispute by the Tenant developed the existing develop or expand the existing building and/or property as it sole desires.
Appears in 1 contract
Landlord’s Rights. In If this Lease is assigned or if all or any portion of the event Premises is subleased or occupied by any person other than Tenant without obtaining Landlord’s consent48, Landlord may collect rent and other charges from such assignee or other party, and apply the amount collected to the rent and other charges payable under this Lease, but such collection shall not constitute consent or waiver of Tenant’s material default the necessity of consent to such assignment or subleasing, nor shall such collection constitute the recognition of such assignee or subtenant as Tenant under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession or a release of Tenant from the further performance of all of the Premises by any lawful means covenants and obligations of Tenant contained in which case upon delivery of written notice this Lease. No consent by Landlord this Lease shall terminate on the date specified to any assignment or subleasing by Landlord in such notice and Tenant shall immediately surrender possession relieve Tenant of any obligation to be paid or performed by Tenant affiliate of Tenant, any corporation or other business entity that acquires all or substantially all of the Premises to Landlord. In additionassets of Tenant or any entity resulting from a merger, the Landlord shall have the immediate right of renon-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by bankruptcy reorganization or consolidation with Tenant, provided that Tenant gives Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry prior or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a concurrent written notice of such intention assignment or sublease and otherwise complies with Paragraph 10.3. As used in the immediately preceding sentence, “affiliate” means an entity that directly or indirectly controls, is given controlled by, or is under common control with, Tenant, where “control” is the holding of fifty percent (50%) or more of the outstanding voting interests. Notwithstanding anything else to the contrary contained in this Lease, any sale, assignment or other transfer of Tenant’s capital stock, whether through any public exchange, in a private sale, for estate planning purposes, by redemption or the issuance of additional stock of any class, or otherwise, shall not be deemed an assignment or sublease, in whole or in part, of this Lease or any of Tenant’s rights or obligations hereunder for which Landlord’s consent shall be required. 48 when such consent is required under this Lease, whether occurring before or after such consent, assignment or subleasing, but rather Tenant and Tenant’s assignee or subtenant, as the case may be, shall be jointly and severally primarily liable for such payment and performance. Tenant shall reimburse Landlord for Landlord’s attorneys’ and other fees and costs incurred in connection with both determining whether to give consent and giving consent49. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises assignment or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest subleasing under this Lease shall not constitute a termination be effective unless and until Tenant provides to Landlord an executed counterpart of the assignment or sublease agreement, which shall specifically state that (a) such agreement is subject to all of the provisions of this Lease, (b) in the case of an assignment, the assignee assumes and agrees to perform all of Tenant’s right obligations under this Lease, (c) the assignee or subtenant, as the case may be, may not further assign such agreement, or allow the Premises to possession. So long as be used by others, without the prior written consent of Landlord in each instance50, (d) a consent by Landlord to such assignment or subleasing51 shall not be deemed or construed to modify, amend or affect the provisions of this Lease is not terminatedor Tenant’s obligations under this Lease, Landlord which shall have the right continue to remedy any default of Tenant, apply to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new the occupants of the Premises as if the assignment or existing subleases sublease had not been made, (e) if Tenant defaults in the payment of any amounts due under this Lease, Landlord is authorized to collect any rents or other amounts due from any assignee, subtenant or other occupant of the Premises and to add apply the net amounts collected to the Rent sums payable hereunder all under this Lease, and (f) the receipt by Landlord of Landlordany amounts from an assignee, subtenant or other occupant of any part of the Premises shall not be deemed or construed as releasing Tenant from Tenant’s reasonable costs in so doing, with interest at obligations under this Lease or the maximum rate permitted by law from the date acceptance of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunderthat party as a direct tenant52.
Appears in 1 contract
Landlord’s Rights. In the event of Tenant’s material 's default under this Lease beyond any applicable cure periods as provided in Section 18 hereinor breach of the Lease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Administrative Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Administrative Expenses, Common Area Utility Costs, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Shoe Pavilion Inc)
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinperiods, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant of Tenant's Property and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 19 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions (which shall be amortized on a straight-line basis over the term of the new lease and Tenant shall pay the portion allocable to the remaining Term), expenses of cleaning and restoring the Premises to the condition required under this Lease, and other similar costs (collectively, the "Reletting Costs"), but the Reletting Costs shall exclude costs incurred in decorating or further improving the Premises or otherwise improving the Premises for a new tenant. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the time maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Loudcloud Inc)
Landlord’s Rights. In the event of Tenant’s material 's default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 SECTION 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, removing any of Tenant's Improvements, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Administrative Expenses, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Administrative Expenses, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (New Ico Global Communications Holdings LTD)
Landlord’s Rights. In addition to and without limiting any of Landlord’s rights or remedies under this Lease or the Work Letter, should any Tenant Default occur prior to the occurrence of any Rent Commencement Date (i.e. prior to the Phase 1 Rent Commencement Date or Phase 2 Rent Commencement Date, or, with respect to Phase 3, after the Expansion Notice Date but prior the Phase 3 Rent Commencement Date), then all applicable Rent Commencement Dates shall be automatically accelerated to the later of (i) the date of Tenant’s Default, or (ii) the Lease Commencement Date for the applicable Phase, for purposes of determining Tenant’s Base Rent obligation under this Lease. In the event of Tenant’s material default Default under this Lease beyond any applicable cure periods as provided Lease, and in Section 18 hereinaddition to all other rights and remedies available at law or in equity, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means means, in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if entry whether or not this Lease is terminated pursuant to California Civil Code Section 1951.4. If the right of re-entry pursuant to said Section is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and of Tenant’s Property left on the Premises for a period of time exceeding thirty (30) days also to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 20.1 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all reasonable costs Landlord incurs in re-letting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, removing the Tenant Improvements and further improving the Premises consistent with Comparable Buildings and for purposes of leasing the Premises for the Permitted Use in accordance with specifications of a succeeding tenant, and other similar costs (collectively, the “Reletting Costs”). Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default Default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.20.2
Appears in 1 contract
Samples: Neurocrine Biosciences Inc
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided Landlord's termination rights set out in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment Article 11.1 (as statutorily definedb) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 above shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act exercised by Landlord other than giving written notice to Tenant within fourteen (14) days of receipt by Landlord of the true copy of the said agreement and such other information as the Landlord may reasonably require, and the termination date shall be such date as is stipulated in Landlord's notice which shall in no event be less than 60 days nor more than 90 days following the giving of such notice by Landlord. If Landlord exercises its rights set out in Article 11.1 (a) above, Landlord shall have an additional right to terminate this LeaseLease in respect of the Rentable Area sublet by Tenant to Landlord and such additional right of termination shall be exercised by giving written notice to Tenant not less than 7 days prior to the end of the term of the sublease to Landlord and the termination date shall be the day following the end of the term of the said sublease. Acts If this Lease is terminated by Landlord with respect to a part of maintenancethe Premises, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest then Rent payable under this Lease shall not constitute a termination thereafter xxxxx proportionately and all other appropriate recalculations shall be made to recognize that the area of Tenant’s right the premises to possessionbe sublet under the said agreement has abated. So long as In the event that the Tenant desires to assign this Lease is or sublet the Premises or any portion thereof, and Landlord does not terminatedexercise its rights set out in Article ll.l(a) or (b) above, Tenant shall, subject to the consent of Landlord being first obtained, which consent may not be arbitrarily withheld, be free to assign this Lease to the named third party in the said agreement or to sublet the Rentable Area to be sublet under the said agreement to the named third party on the terms and conditions contained in the said agreement. If Tenant, with the consent of Landlord, sublets Rentable Area to the named third party pursuant to the said agreement and the said agreement provides for a rental payable greater than that payable under this Lease in respect of the Rentable Area so sublet, the excess, when received by Tenant, shall be paid by Tenant to Landlord as additional rent under this Lease. All of the foregoing rights of Landlord shall be alternative to, but not in substitution for, any other rights which Landlord may have to either consent or withhold its consent to any such assigning or subletting. In the right event any sublease is made pursuant to remedy any default this Article 11, Tenant shall bear the cost of Tenantall improvements (including, without limiting the generality of the foregoing, all demising walls) necessary to maintain or improve separate the area to be sublet from the remainder of the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Securac Corp
Landlord’s Rights. In the event of Tenant’s material If Tenant shall be in default under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right right, at its sole option, to remedy terminate this Lease. If suit is instituted by Landlord in connection with enforcement of any default provision of this Lease against Tenant, to maintain all attorneys’ fees incurred by Landlord, together with the costs and expenses of litigation, shall be paid by Tenant upon demand by Landlord. With or improve the Premiseswithout terminating this Lease, to cause a receiver to be appointed to administer Landlord may re-enter and take possession of the Premises and new the provision of this Article 20 shall operate as a notice to quit, and any other notice to quit or existing subleases and to add to the Rent payable hereunder all notice of Landlord’s intention to re-enter the Premises is hereby expressly waived. If necessary, Landlord may proceed to recover possession of the Premises under and by virtue of the laws of the District of Columbia, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything contained in this Lease on the part of the Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from Tenant all rent and other sums (together with the full amount of any abated rent and brokerage commissions paid by Landlord hereunder) accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Whether or not this Lease is terminated by reason of Tenant’s default, the Premises may be relet by Landlord for such rent and upon such terms as Landlord deems reasonable costs under the circumstances and, if the full rental provided herein plus the costs, expenses, and damages described below shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in so doingfixed and additional rent, with interest return of any and all abated rent and brokerage commissions paid by Landlord hereunder, reasonable attorneys’ fees, brokerage fees and the expenses of placing the Premises in first-class rentable condition. Any damages or loss of rent sustained by Landlord may be recovered by Landlord, at Landlord’s option, at the maximum rate permitted time of the reletting or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by law from successive relettings, or, at Landlord’s option, may be deferred until the expiration of the Lease Term, in which event Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of such expenditureexpiration of the Lease Term. The provisions contained in this Section 20.2 shall be in addition to, and shall not prevent the enforcement of any claim Landlord shall use commercially reasonable efforts to mitigate its damages hereundermay have against Tenant for anticipatory breach of this Lease.
Appears in 1 contract
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Phase Metrics Inc)
Landlord’s Rights. In the event of Tenant’s material 's default under this Lease beyond any applicable cure periods as provided in Section 18 hereinor breach of the Lease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, and redecorating, (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Administrative Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Administrative Expenses, Common Area Utility Costs, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses and Utility Expenses; second all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Jabil Circuit Inc)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided described in Section 18 herein18, Landlord may terminate Tenant’s right to possession of possess the Premises by any lawful means in which case upon means. Following delivery of written notice by Landlord Landlord, this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the if this Lease is terminated, Landlord shall have the immediate right of to immediately re-entryenter the Premises, and if this Landlord’s right of re-re entry is exercised following Tenant’s abandonment (as statutorily defined) of the Premises by Premises, all of Tenant, Landlord may consider any personal property belonging to Tenant and ’s Property left on the Premises or in the Project shall be deemed abandoned. If Landlord relets the Premises or any portion thereof, Tenant shall immediately be liable to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). All Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of time exceeding thirty (30) days this Lease, but, if longer, the Reletting Costs shall be appropriately prorated to also have been abandoned; provided, however, that said thirty (30) days is not in addition reflect only the portion of Landlord’s expenses attributable to the statutorily required time period under applicable law. No re-entry or taking possession remaining term of the Premises Lease. In no event shall Tenant be entitled to any excess rent received by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to TenantLandlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts Lease or Tenant’s right to possess the Premises, including without limitation, acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possessionLease. So long as this Lease is not terminated, At all times Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and any new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Ambarella Inc)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinperiods, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by TenantTenant (while Tenant is in default of any obligation under this Lease), Landlord may consider any personal property belonging to Tenant of Tenant’s Property and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 19 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions (which shall be amortized on a straight-line basis over the term of the new lease and Tenant shall pay the portion allocable to the remaining Term), expenses of cleaning and restoring the Premises to the condition required under this Lease, and other similar costs (collectively, the “Reletting Costs”), but the Reletting Costs shall exclude costs incurred in decorating or further improving the Premises or otherwise improving the Premises for a new tenant. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Linkedin Corp)
Landlord’s Rights. In the event of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and of Tenant’s Property left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry reentry or taking possession of the Premises by Landlord pursuant to this Section 20 19 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In Upon the event occurrence of Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinEvent of Default, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryright, at its sole option, (i) to terminate this Lease, and if this right of renotwithstanding such termination, to exercise such other rights and remedies as are provided by law or in equity, or (ii) without terminating the Lease, to enter upon the Leased Premises and remove Tenant’s personal property therefrom and to relet all or any portion thereof for any term, at such rent and upon such conditions as may be determined by Landlord in its sole discretion. Landlord shall have the obligation to mitigate damages by reletting the Leased Premises (provided, however, in no event shall Landlord be required to (i) lease the Leased Premises over other available space in the Property, (ii) accept a below-entry market rental rate for the Leased Premises, (iii) accept any tenant whose creditworthiness is exercised following abandonment unsatisfactory to Landlord, in its sole discretion, reasonably exercised, or (as statutorily definediv) accept any tenant whose business is not compatible with the other tenants of the Premises Property, as determined by TenantLandlord in its sole discretion, reasonably exercised) and Tenant shall be liable to Landlord may consider for the difference between the sums received by Landlord as a result of such reletting and the amounts due from Tenant under this Lease, together with all costs and expenses (including reasonable attorney’s fees) incurred by Landlord in connection with such reletting. The rights, options, elections, powers, and remedies contained in this Lease and those at law and equity shall be construed as cumulative and no one of them shall be exclusive of any personal property belonging of the others. The exercise by Landlord or Tenant of any one right or remedy shall not impair any other right or remedy until all obligations upon the part of the other party shall have been fully performed. If Base Rent, additional rent or any other sum due from Tenant to Landlord shall be overdue for more than ten (10) days after written notice from Landlord to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is Landlord shall not in addition be required to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving provide written notice to Tenant more than two times during any twelve month period), it shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with thereafter bear interest at the maximum rate permitted by law from the date of such expenditureten percent (10%) per annum until paid. Landlord shall use commercially reasonable efforts to mitigate its damages hereunderAFTER AN EVENT OF DEFAULT OR THE EXPIRATION OF THE TERM, FOR THE SOLE AND EXPRESS PURPOSE OF OBTAINING POSSESSION OF THE LEASED PREMISES, TENANT HEREBY AUTHORIZES AND EMPOWERS THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, AS ATTORNEY FOR TENANT AND ALL PERSONS CLAIMING UNDER OR THROUGH TENANT, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST TENANT FOR POSSESSION OF THE LEASED PREMISES, AND AGAINST ALL PERSONS CLAIMING UNDER OR THROUGH TENANT, IN FAVOR OF LANDLORD, FOR RECOVERY BY LANDLORD OF POSSESSION THEREOF, FOR WHICH THIS AGREEMENT OR A COPY HEREOF VERIFIED BY AFFIDAVIT, SHALL BE A SUFFICIENT WARRANT; AND THEREUPON A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR POSSESSION OF THE LEASED PREMISES, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER AND WITHOUT ANY STAY OF EXECUTION. IF FOR ANY REASON AFTER SUCH ACTION HAS BEEN COMMENCED THE SAME SHALL BE TERMINATED AND THE POSSESSION OF THE LEASED PREMISES REMAINS IN OR IS RESTORED TO TENANT, LANDLORD SHALL HAVE THE RIGHT UPON ANY SUBSEQUENT DEFAULT TO CONFESS JUDGMENT IN ONE OR MORE FURTHER ACTIONS IN THE MANNER AND FORM SET FORTH ABOVE TO RECOVER POSSESSION OF SAID LEASED PREMISES FOR SUCH SUBSEQUENT DEFAULT. NO SUCH TERMINATION OF THIS LEASE, NOR TAKING, NOR RECOVERING POSSESSION OF THE LEASED PREMISES SHALL DEPRIVE LANDLORD OF ANY REMEDIES OR ACTION AGAINST TENANT FOR RENT OR FOR DAMAGES DUE OR TO BECOME DUE FOR THE BREACH OF ANY CONDITION OR COVENANT HEREIN CONTAINED, NOR SHALL THE BRINGING OF ANY SUCH ACTION FOR RENT, OR BREACH OF COVENANT OR CONDITION NOR THE RESORT TO ANY OTHER REMEDY HEREIN PROVIDED FOR THE RECOVERY OF RENT OR DAMAGES FOR SUCH BREACH BE CONSTRUED AS A WAIVER OF THE RIGHT TO INSIST UPON THE FORFEITURE AND TO OBTAIN POSSESSION IN THE MANNER HEREIN PROVIDED.
Appears in 1 contract
Samples: Agreement of Sale (Lenox Group Inc)
Landlord’s Rights. In the event of TenantXxxxxx’s material default under this Lease beyond any applicable cure periods as provided Lease, and in Section 18 hereinaddition to all other rights and remedies available at law or in equity, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by TenantXxxxxx, Landlord may consider any personal property belonging to Tenant and of Tenant’s Property left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21.1 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, unamortized broker’s commissions, reasonable expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the “Reletting Costs”). Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on LandlordXxxxxxxx’s initiative to protect LandlordXxxxxxxx’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease (Metagenomi Technologies, LLC)
Landlord’s Rights. In the event of any default by Tenant’s material default under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In additionin addition to all other remedies provided by law or in equity, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election option to terminate this Lease unless a and all rights of Tenant hereunder by giving written notice of such intention is given to Tenantterminate. No act by If Landlord other than giving written notice shall elect to Tenant shall so terminate this Lease, Landlord may recover from Tenant all damages suffered by Landlord as a result of Tenant's default, including, but not limited to, the worth at the time of award (computed in accordance with paragraph (3) of Subdivision (a) of Section 1951.2 of the California Civil Code) of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that Tenant proves could be reasonably avoided. Acts of maintenanceIf Landlord does not elect to terminate this Lease, efforts Landlord may from time to re-let time, without terminating this Lease, either recover all Rent as it becomes due or rent the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long any part thereof for such term and at such rent and upon such other terms and conditions as this Lease is not terminated, Landlord shall have in its sole discretion may deem advisable with the right to remedy any default of Tenant, make alterations and repairs to maintain or improve the Premises. Any rent received by Landlord from a reletting shall be applied to the payment of (a) any indebtedness other than Rent due hereunder (b) the cost of such reletting; (c) the cost of any alterations and repairs to the Premises; (d) Rent due and unpaid hereunder; and (e) the residue, to cause a receiver to if any, shall be appointed to administer held by Landlord and applied in payment of future Rent as the Premises same may become due and new or existing subleases and to add to payable hereunder. If the rent received from such reletting is less than the Rent payable hereunder all of by Tenant, then Tenant shall pay such deficiency to Landlord immediately upon demand therefore by Landlord’s reasonable costs in so doing. Such delinquency shall be calculated and paid monthly. Tenant shall also pay to Landlord as soon as ascertained, with interest at any expenses incurred by Landlord which are not covered by the maximum rate permitted by law rent received from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunderreletting.
Appears in 1 contract
Samples: Telik Inc
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all reasonable costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and repairing the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain mantain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Ditech Corp)
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of possess the Premises by any lawful means in which case upon means. Following delivery of written notice by Landlord Landlord, this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the whether or not this Lease is terminated, Landlord shall have the immediate right of to immediately re-entryenter the Premises, and if this Landlord's right of re-entry is exercised following Tenant's abandonment (as statutorily defined) of the Premises by Premises, all of Tenant, Landlord may consider any personal property belonging to Tenant and 's Property left on the Premises or in the Project shall be deemed abandoned. If Landlord relets the Premises or any portion thereof, Tenant shall immediately be liable to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"). All Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of time exceeding thirty (30) days this Lease. In no event shall Tenant be entitled to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises any excess rent received by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to TenantLandlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts Lease or Tenant's right to possess the Premises, including without limitation, acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s right to possessionLease. So long as this Lease is not terminated, At all times Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and any new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Spansion Inc.)
Landlord’s Rights. In the event of Tenant’s 's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the die Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to die payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Increased Operating Expenses, Increased Tax Expenses, Administrative Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Increased Operating Expenses, Increased Tax Expenses, Administrative Expenses, Common Area Utility Costs, Utility Expenses, and all other sums due under this Lease. Any and all of the Relating Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining tern of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s 's initiative to protect Landlord’s 's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the die Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from froni the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In If (i) an Event of Default occurs and is continuing, or (ii) Tenant fails to vacate the event Premises and surrender possession thereof in accordance with the terms of this Lease upon the Expiration Date, then Landlord may apply the whole or any part of the Cash Security Deposit or present the Letter of Credit for payment and apply the proceeds thereof, as the case may be, (i) to the payment of any Rental that then remains unpaid, or (ii) to any damages to which Landlord is entitled hereunder and that Landlord incurs by reason of such Event of Default or Tenant’s material default under aforesaid failure to vacate the Premises or surrender possession thereof in accordance with the terms of this Lease beyond upon the Expiration Date. If Landlord so applies any applicable cure periods part of the Cash Security Deposit or the proceeds of the Letter of Credit, as the case may be, then Tenant, upon demand, shall deposit with Landlord the cash amount so applied or provide Landlord with a replacement Letter of Credit so that Landlord has the full amount of the required security at all times during the Term. If (x) Tenant deposits the Letter of Credit with Landlord as provided in Section 18 23.2 hereof, and (y) at any time the Bank Rating of the issuer of the Letter of Credit is less than “AA” (or, if Standard & Poor’s hereafter ceases the publication of ratings for banks, the Bank Rating of the issuer of the Letter of Credit is less than a rating of a reputable rating agency as reasonably designated by Landlord that most closely approximates a Standard & Poor’s rating of “AA” as of the date hereof), then Tenant shall deliver to Landlord a replacement Letter of Credit, issued by a bank that has a Bank Rating that satisfies the aforesaid requirement (and otherwise meets the requirements set forth in Section 23.2 hereof) within fifteen (15) days after the date that Landlord gives Tenant notice of such deficiency in such issuer’s rating. If Tenant fails to deliver to Landlord such replacement Letter of Credit within such period of fifteen (15) days, then Landlord, in addition to Landlord’s other rights at law, in equity or as otherwise set forth herein, Landlord may terminate Tenant’s right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right to present the Letter of re-entry, Credit for payment and if this right of re-entry is exercised following abandonment (retain the proceeds thereof as statutorily defined) security in lieu of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period Letter of time exceeding thirty Credit (30) days to also have been abandoned; provided, however, it being agreed that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease shall not constitute a termination of Tenant’s right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy use, apply and transfer such proceeds in the manner described in this Article 23). Tenant shall reimburse Landlord for any default reasonable costs that Landlord incurs in so presenting the Letter of Tenant, Credit for payment within thirty (30) days after Landlord submits to maintain Tenant an invoice therefor. Tenant shall not assign or improve encumber or attempt to assign or encumber the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Cash Security Deposit. Nothing contained in this Section 23.3 limits Landlord’s reasonable costs rights or remedies in so doingequity, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunderlaw, or as otherwise set forth herein.
Appears in 1 contract
Samples: Lease (Riverbed Technology, Inc.)
Landlord’s Rights. In the event of Tenant’s Xxxxxx's material default under this Lease beyond any applicable cure periods as provided in Section 18 hereinLease, Landlord may terminate Tenant’s 's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entryentry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by TenantXxxxxx, Landlord may consider any personal property belonging to Tenant and of Tenant's Property left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-re- entry or taking possession of the Premises by Landlord pursuant to this Section 20 19 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"). Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to re-let relet the Premises or the appointment of a receiver on Landlord’s Xxxxxxxx's initiative to protect Landlord’s Xxxxxxxx's interest under this Lease shall not constitute a termination of Tenant’s 's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord’s 's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunder.
Appears in 1 contract
Landlord’s Rights. In If this Lease is assigned or if all or any portion of the event Premises is subleased or occupied by any person other than Tenant without obtaining Landlord's consent, Landlord may collect rent and other charges from such assignee or other party, and apply the amount collected to the rent and other charges reserved under this Lease, but such collection shall not constitute consent or waiver of Tenant’s material default the necessity of consent to such assignment or subleasing, nor shall such collection constitute the recognition of such assignee or subtenant as Tenant under this Lease beyond any applicable cure periods as provided in Section 18 herein, Landlord may terminate Tenant’s right to possession or a release of Tenant from the further performance of all of the Premises by any lawful means covenants and obligations of Tenant contained in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, the Landlord shall have the immediate right of re-entry, and if this right of re-entry is exercised following abandonment (as statutorily defined) of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises for a period of time exceeding thirty (30) days to also have been abandoned; provided, however, that said thirty (30) days is not in addition to the statutorily required time period under applicable law. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 20 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts No consent by Landlord to any assignment or subleasing by Tenant shall relieve Tenant of maintenanceany obligation to be paid or performed by tenant under this Lease, efforts whether occurring before or after such consent, assignment or subleasing, but rather Tenant and it assignee or subtenant, as the case may be, shall b jointly and severally primarily liable for such payment and performance. Tenant shall reimburse Landlord for its attorneys' and other fees and costs incurred in connection with both determining whether to re-let the Premises give its consent and giving its consent. O assignment or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest subleasing under this Lease shall not constitute a termination be effective unless and until Tenant provides to Landlord an executed counterpart of the assignment or sublease agreement, which shall specifically state that (a) such agreement is subject to all of the provisions of this Lease; (b) in the case of an assignment, the assignee assumes and agrees to perform all of Tenant’s right to possession. So long 's obligations under the Lease; (c) the assignee or subtenant, as this Lease is the case may be, does not terminated, Landlord shall have the right to remedy any default a further assignment of Tenantsuch agreement, or to maintain or improve allow the Premises, to cause a receiver Premises to be appointed used by others, without the prior written consent of Landlord in each instance; (d) a consent by Landlord thereto shall not be deemed or construed to administer modify, amend or affect the provisions of this Lease or Tenant's obligations under this Lease, which shall continue to apply to the Premises and new the occupants of the Premises as if the assignment or existing subleases sublease had not been made; (e) if Tenant defaults in the payment of any amounts due under this Lease, Landlord is authorized to collect any rents or other amounts due from any assignee, subtenant or other occupant of the Premises and to add apply the net amounts collected to the Rent payable hereunder all sums reserved in this Lease; and (f) the receipt by Landlord of Landlord’s reasonable costs in so doingany amounts from an assignee, with interest at subtenant or other occupant of any part of the maximum rate permitted by law Premises shall not be deemed or construed as releasing Tenant from Tenant's obligations under this Lease or the date acceptance of such expenditure. Landlord shall use commercially reasonable efforts to mitigate its damages hereunderthat party as a direct tenant.
Appears in 1 contract
Samples: Herbst Gaming Inc
