LESSEE'S DEFAULT. In the event of a default by LESSEE (as defined above), LESSOR, in addition to the other rights or remedies it may have, shall have the immediate right to re-entry and may remove all persons and property from the PREMISES; such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of LESSEE. Should LESSOR elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, LESSOR may either terminate this Agreement or it may from time to time, without terminating this Agreement, relet the PREMISES or any part thereof for such term or terms (which may be for a term extending beyond the term of this Agreement) and at such rent or rents and on such other terms and conditions as LESSOR in its sole discretion may deem advisable, with the right to make alterations and repairs to the PREMISES. Notwithstanding any such re-letting without termination, LESSOR may at any time thereafter elect to terminate this Agreement for such previous default. Should LESSOR at any time terminate this Agreement for any default, in addition to any other remedy it may have, LESSOR may recover: (i) The worth at the time of award of any unpaid rent for the remainder of the Term of the Agreement plus any reasonable expense to restore the PREMISES to the layout or configuration of the PREMISES at the time of initial delivery of the PREMISES to LESSEE. (ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that LESSOR could have reasonably avoided; plus (iii) Any other amount necessary to compensate LESSOR for all detriment proximately caused by LESSEE’S failure to perform its obligations under this Agreement.
Appears in 1 contract
Sources: Facilities Use and Lease Agreement
LESSEE'S DEFAULT. In the event of a default by LESSEE (as defined above), LESSOR, in addition to the other rights or remedies it may have, shall have the immediate right to re-entry and may remove all persons and property from the PREMISES; such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of LESSEE. Should LESSOR elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, LESSOR may either terminate this Agreement or it may from time to time, without terminating this Agreement, relet the PREMISES or any part thereof for such term or terms (which may be for a term extending beyond the term of this Agreement) and at such rent or rents and on such other terms and conditions as LESSOR in its sole discretion may deem advisable, with the right to make alterations and repairs to the PREMISES. Notwithstanding any such re-letting without termination, LESSOR may at any time thereafter elect to terminate this Agreement for such previous default. Should LESSOR at any time terminate this Agreement for any default, in addition to any other remedy it may have, LESSOR may recover:
(i) The worth at the time of award of any unpaid rent for the remainder theremainder of the Term of the Agreement plus any reasonable expense to restore the PREMISES to the layout or configuration of the PREMISES at the time of initial delivery of the PREMISES to LESSEE.
(ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that LESSOR could have reasonably avoided; plus
(iii) Any other amount necessary to compensate LESSOR for all detriment proximately caused by LESSEE’S failure to perform its obligations under this Agreement.
Appears in 1 contract
Sources: Facilities Use and Lease Agreement
LESSEE'S DEFAULT. In the event of a default by LESSEE (as defined above), LESSOR, in addition to the other rights or remedies it may have, shall have the immediate right to re-entry and may remove all persons and property from the PREMISES; such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of LESSEE. Should LESSOR elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, LESSOR may either terminate this Agreement or it may from time to time, without terminating this Agreement, relet the PREMISES or any part thereof for such term or terms (which may be for a term extending beyond the term Term of this Agreement) and at such rent or rents and on such other terms and conditions as LESSOR in its sole discretion may deem advisable, with the right to make alterations and repairs to the PREMISES. Notwithstanding any such re-letting without termination, LESSOR may at any time thereafter elect to terminate this Agreement for such previous default. Should LESSOR at any time terminate this Agreement for any default, in addition to any other remedy it may have, LESSOR may recover:
(i) The worth at the time of award of any unpaid rent for the remainder theremainder of the Term of the Agreement plus any reasonable expense to restore the PREMISES to the layout or configuration of the PREMISES at the time of initial delivery of the PREMISES to LESSEE.
(ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that LESSOR could have reasonably avoided; plus
(iii) Any other amount necessary to compensate LESSOR for all detriment proximately caused by LESSEE’S failure to perform its obligations under this Agreement.
Appears in 1 contract
Sources: Facilities Use and Lease Agreement