Re-entry Sample Clauses
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Re-entry. In the event of any Default by Tenant, Landlord shall also have the right, with or without terminating this Lease, in compliance with applicable law, to re-enter the Premises and 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 Tenant.
Re-entry. Proviso for re-entry by the Landlord on non-payment of rent or non-performance or non-observance of covenants. The Landlord’s right of re-entry hereunder or any powers conferred on the Landlord in this Lease, all with respect to non-payment of Minimum Rent or additional rent, may be exercised by the Landlord immediately upon default being made by the Tenant and without any notice thereof to the Tenant, notwithstanding anything contained herein or in the Commercial TenanciesAct of Ontario to the contrary. If the Landlord elects to re-enter, as herein provided, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary, in order to relet the Leased Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Landlord in its sole discretion may deem advisable. Upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness, other than rent due hereunder, owing by the Tenant to the Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, solicitor’s fees and the costs of such alterations and repairs; third, to the payment of all rentals due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rentals received from such reletting during any month shall be less than that to be paid during that month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should the Landlord at any time terminate this Lease for any breach, in addition to any remedies it may have, it may recover from the Tenant all damages it has incurred or may incur by reason of such bre...
Re-entry. If and whenever during the Term:- the Rent (or any part of it) under this Lease is outstanding for Twenty One (21) days after becoming due whether formally demanded or not; or there is a breach by the Lessee of any covenant or other term of this Lease or any document supplemental to this Lease; or the Lessee: - enters into liquidation whether compulsory or voluntary (but not if the liquidation is for amalgamation or reconstruction of a solvent company); or has a receiver appointed; or the Lessee enters into an arrangement for the benefit of his creditors; or the Lessee has any distress or execution levied on its goods, the Lessor may re-enter the Premises (or any part of them in the name of the whole) at any time (and even if any previous right of re-entry has been waived) and then the Term will absolutely cease but without prejudice to any rights or remedies which may have accrued to the Lessor against the Lessee in respect of any breach of covenant or other term of this Lease (including the breach in respect of which the re-entry is made).
Re-entry. Landlord shall have the right, immediately or at any time after a Default, without further notice to Tenant (unless otherwise provided herein), to enter the Premises, without terminating this Lease or being guilty of trespass, and do any and all acts as Landlord may deem necessary, proper or convenient to cure such Default, for the account and at the expense of Tenant, any notice to quit or notice of Landlord’s intention to re-enter being hereby expressly waived, and Tenant agrees to pay to Landlord as Additional Rent all damage and/or expense incurred by Landlord in so doing, including interest at the Default Rate, from the due date until the date payment is received by Landlord.
Re-entry. When:
(a) the Tenant shall be in default in the payment of any Rent, whether lawfully demanded or not, and such default shall continue for a period of five (5) consecutive days after notice by the Landlord to the Tenant;
(b) the Tenant shall be in default of any of its covenants, obligations or agreements under this Lease (other than its covenant to pay Rent) and such default shall have continued for a period of ten (10) consecutive days after notice by the Landlord to the Tenant specifying with reasonable particularity the nature of such default and requiring the same to be remedied;
(c) any property of the Tenant has been sold under a valid writ of execution, or the Tenant shall have made an assignment for the benefit of creditors, or shall make any assignment or have had a receiving order made against it under the Bankruptcy and Insolvency Act, or becoming bankrupt or insolvent shall have made application for relief under the provisions of any statute now or hereafter in force concerning bankrupt or insolvent debtors, or any action whatever, legislative or otherwise, shall have been taken with a view to the winding up, dissolution or liquidation of the Tenant;
(d) any insurance policy is cancelled or not renewed by an insurer by reason of any particular use or occupation of the Leased Premises;
(e) the Tenant shall purport to make a Transfer affecting the Leased Premises or the Leased Premises shall be used by any person or for any purpose other than in compliance with and expressly authorized by this Lease;
(f) the Tenant makes any sale in bulk affecting any property on the Leased Premises (other than in conjunction with a Transfer approved in writing by the Landlord and made pursuant to all applicable legislation);
(g) a trustee, receiver, receiver manager, manager, agent or other like person shall be appointed in respect of the assets or business of the Tenant or any other occupant of the Leased Premises; or
(h) the Leased Premises shall have been vacated or have become vacant or shall have remained unoccupied for a period of fifteen (15) consecutive days, then and in any of such cases, the then current month’s Rent together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Landlord the Term shall become forfeited and void, and the Landlord without notice or any form of legal process whatever may forthwith re-enter the Leased Premises or any part thereof in the name of the whole and...
Re-entry. In the event of re-entry by Landlord as a result of abandonment or a Default by Tenant:
a. Tenant shall be liable for damages to Landlord for all loss sustained, including, without limitation, the balance of the Rent and Additional Rent, court costs, and reasonable attorneys' fees;
b. Tenant's personal property and the personal property of any guest, invitee, licensee, or occupant may be removed from the Premises and left on the street or alley, or, at Landlord's option, it may be removed and stored, or disposed of at Landlord's sole discretion. Landlord shall not be deemed a bailee of the property removed and Landlord shall not be held liable for the property. Tenant shall indemnify Landlord for any expense in defending against any claim by Tenant or third party and for any legal expense, cost, fine, or judgment awarded to a third-party as a result of Landlord's action under the term of the Lease;
c. Landlord may attempt to relet the Premises for such rent and under such terms as Landlord believes appropriate;
d. Landlord may enter the Premises, clean and make repairs, and charge Tenant accordingly;
e. Any money received by Landlord from Tenant shall be applied first to Rent, Additional Rent, and other payments due; and
f. Tenant shall surrender all keys and peacefully surrender and deliver up possession of the Premises.
Re-entry. Lessee shall have the right after termination of this Lease for any reason, to re-enter upon the Premises for the purpose of reclaiming areas disturbed by Lessee’s mining operations and otherwise complying with requirement of any federal, state or local law, rule, regulation or ordinance.
Re-entry. 13.1 If the Collocator shall default in performance of any provision herein, and the default shall continue for sixty (60) calendar days after receipt of AT&T-13STATE’s written notice, or if the Collocator is declared bankrupt or insolvent or makes an assignment for the benefit of creditors, AT&T-13STATE may, immediately or at any time thereafter, without notice or demand, enter and repossess the Dedicated Space, expel the Collocator and any claiming under the Collocator, remove the Collocator’s property, forcibly if necessary, and services provided pursuant to this Appendix will be terminated without prejudice to any other remedies AT&T-13STATE might have.
13.2 AT&T-13STATE may also refuse additional applications for service and/or refuse to complete any pending orders for additional space or service for the Collocator at any time after sending the notice required by the preceding Section.
13.3 In the case of any dispute and at the written request of a Party, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Appendix. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative informal dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. To the extent negotiations do not resolve the dispute, and thirty (30) days have passed since the date of the request for resolution under this Section, Parties may seek more formal dispute resolution procedures.
Re-entry. Lessor and its agents shall have the right to enter the Premises at any time for the purpose of making any repairs, alterations, inspections which it shall deem necessary for the preservation, safety or improvements of said Premises, without in any way being deemed or held to have committed an eviction (constructive or otherwise) of or trespass against Lessee.
Re-entry. Without prejudice to any other rights or remedies of the Landlord if:
(i) any of the rents reserved by this Lease is in arrears for fourteen days after it becomes due (whether or not it has been legally demanded); or
(ii) there is any breach of any of the tenant's covenants in this Lease or any of the surety's covenants in this Lease; or
(iii) any person comprised in the Tenant or any person comprised in a surety who at any time guarantees the obligations of the Tenant:
(a) enters into any scheme, compromise, moratorium or arrangement with any of its creditors; or
(b) has an execution, sequestration or other process levied on any of its assets which is not discharged within fourteen days; or
(iv) any such person being a company incorporated in the United Kingdom:
(a) is struck off the register of companies; or
(b) being an unlimited company is registered with limited liability; or
(c) has an administrator appointed; or
(d) has a winding up order made against it or it otherwise enters into a voluntary winding up or a meeting is convened for the purpose of considering a resolution for its winding up (other than a voluntary winding up of a solvent company for the purpose of amalgamation or reconstruction); or
(e) has a receiver or administrative receiver appointed over all or any of its assets or has an encumbrancer take possession or exercise any power of sale over all or any of its assets; or
(f) is deemed to be unable to pay its debts within the meaning of section 123 of the Insolvency ▇▇▇ ▇▇▇▇; or
(v) any such person being an individual:
(a) has a bankruptcy order made against him; or
(b) is the subject of an order or appointment under section 253, 273 or 286 of the Insolvency ▇▇▇ ▇▇▇▇; or
(c) appears to be unable to pay or to have any reasonable prospect of being able to pay his debts within the meaning of sections 267 and 268 of the Insolvency ▇▇▇ ▇▇▇▇; or
(vi) any circumstances exist or event occurs with respect to any such person in any jurisdiction which has an effect equivalent or similar to any of those mentioned in this clause then the Landlord may at any time re-enter the demised premises or any part in the name of the whole and forfeit this Lease whereupon this Lease and the term created by it shall come to an end.
