Common use of Re-entry Clause in Contracts

Re-entry. Where there occurs a material breach by the Tenant of the tenant covenants and other terms and conditions of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards to re-enter upon the Property or any part of it in the name of the whole and thereupon the Term absolutely determines without prejudice to any right of action of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to do so. Termination

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

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Re-entry. Where there occurs a material breach by Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to the landlord if the rents reserved or any part thereof shall be unpaid for Twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the tenant covenants Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and other terms and conditions 268 of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by 1986 Act or if the Tenant and (or if within a reasonable period (taking account there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the breach complained of) the Tenant has not taken steps to remedy 1986 Act then and in any such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then case it is shall be lawful for the Landlord or any person authorised by the Landlord at any time afterwards thereafter to re-enter upon the Property Demised Premises or any part of it thereof in the name of the whole and thereupon the Term this demise shall absolutely determines determine but without prejudice to any right of action or remedy of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of non-observance or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach non-performance of any of the Tenanttenant's covenants contained in this Lease and the Tenant is not in or any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to do so. Terminationconditions herein contained

Appears in 1 contract

Samples: Lease (Getty Images Inc)

Re-entry. Where there occurs a material breach The Tenant further covenants and agrees with the Landlord that in case of non-payment of any rent at the times as herein provided, or the non-performance of any covenant by the Tenant of Tenant, or in case the tenant covenants and Demised Premises shall be deserted or vacated for over thirty (30) days, the Landlord, in addition to all other terms and conditions of this Lease and rights hereby reserved to the Landlord has served written notice specifying such breach and shall have the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards right to re-enter upon the Property same as the agent of the Tenant either by force or otherwise, without being liable for any prosecution therefor and to re-let the whole or any part of it in the name portion of the whole and thereupon Demised Premises, for any period equal to or greater or less then the Term absolutely determines without prejudice to any right of action remainder of the Landlord in respect of any breach then current term as agent of the Tenant's obligations , and to receive the rent therefor, said rent to be any sum which the Landlord deems reasonable, to any Tenant which the Landlord may deem suitable and satisfactory, and for any use and purpose which the Landlord may deem appropriate, and in connection with any such Lease the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determine to be appropriate or helpful in effecting such Lease. However, in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable, and as the agent of the Tenant to take possession of any furniture or other property on the Demised Premises and to sell the same at public or private sale without notice and to apply the proceeds of such sale and any rent derived from re-letting the Demised Premises, upon account of the rent due under these presents, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention of this Lease that nothing in this Lease contained and no entry made by the landlord hereunder, shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by the re-letting and sale of furniture hereinbefore allowed. The Landlord shall not, in any event be required to pay to the Tenant any surplus of any sums received by the landlord on a re-letting of Demised Premises in excess of the rent reserved in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to do so. Termination.

Appears in 1 contract

Samples: Lease (MORTGAGEBROKERS.COM Holdings, Inc.)

Re-entry. Where there occurs a material breach by If the Tenant of the tenant covenants and other terms and conditions of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards to re-enter upon the Property Rent hereby reserved, or any part of it thereof, shall be in arrears or if the Tenant shall default in the name of the whole and thereupon the Term absolutely determines without prejudice to any right of action of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of observance or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach performance of any of the Tenant's other covenants or agreements contained in this Lease, and the Tenant fails to pay such arrears within sixty (60) days of receipt of notice in writing from the Landlord or if the Tenant fails to remedy the non-rental default within sixty (60) days after receipt of notice from the Landlord (or such longer period as is reasonably required under the circumstances so long as the Tenant commences to remedy within such sixty (60) day period), the Landlord may, in addition to any other remedies the Landlord may have, either in this Lease or at law, re-enter the Premises and the Term hereby granted shall thereupon be terminated. Notwithstanding the foregoing, and without limiting the remedies of the Landlord, in the event the Tenant fails to remedy a non- rental default within the above-specified notice period, and provided the Tenant is not in any proceedings for forfeiture or otherwise entitled bona fide disputing the non-rental default, upon the expiration of the above-specified notice period the Landlord, at its option, acting reasonably, may remedy the non-rental default on behalf of the Tenant and charge the costs thereof to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies the Tenant. With respect to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all remedy exercised by the circumstances be reasonable for enabling Landlord, the Landlord shall have an affirmative obligation to conduct negotiations with obtain another tenant for the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies Premises at a fair market rental and to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to do so. Terminationmitigate its damages.

Appears in 1 contract

Samples: Lease

Re-entry. Where there occurs Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to the Landlord if the rents reserved or any part thereof shall be unpaid for twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant's for the time being (being a material breach by Company) enters into liquidation whether compulsory or voluntary (save for the purpose demonstrated to the Landlord's satisfaction of reconstruction or amalgamation whilst solvent) or passes a resolution for winding up (save as aforesaid) or is unable to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Act or summons a meeting of its creditors or any of them under Part 1 of the Insolvency Act or suffers a petition for an Administration Order in respect of it to be file din Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual anyone of them has a receiving order made against him or becomes bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the Insolvency Act or if the Tenant (or if there is more than one Tenant any of them) enters into composition with his or their creditors or suffer any distress or execution to be levied on his or their goods or if an interim order Is made under Part VIII of the tenant covenants Insolvency Act then and other terms and conditions of this Lease and the Landlord has served written notice specifying in any such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then case it is shall be lawful for the Landlord or any person authorised by the Landlord at any time afterwards thereafter to re-enter upon the Property Demised Premises or any part of it thereof in the name anme of the whole and thereupon the Term this demise shall absolutely determines determine but without prejudice to any right of action or remedy of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of non-observance or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach non-performance of any of the Tenant's covenants contained in this Lease and the Tenant is not in or any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to do so. Terminationconditions herein contained

Appears in 1 contract

Samples: Bioprogress Technology International Inc

Re-entry. Where there occurs a material breach by By Landlord 16. Landlord reserves and shall at all times have the right, upon reasonable prior verbal notice to Tenant (except in the event of the tenant covenants and other terms and conditions of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach emergency or the Tenant is dissolved or struck off or removed from the Register provision of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards routine services, in which no such notice shall be required), to re-enter upon the Property Premises to inspect the same, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or tenants, to post notices of nonresponsibility, and to alter, improve, or repair the Premises and any part of it in the name portion of the whole Building of which the Premises are a part or to which access is conveniently made through the Premises, without abatement of rent, and thereupon may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Term absolutely determines without prejudice Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any right of action portion of the Premises, and any entry to the Premises, or portions thereof obtained by Landlord in respect of any breach of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of said means, or demand for rent or otherwise, shall not under any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is construed or deemed to be amended as follows:- a forcible or unlawful entry into, or a detainer of, the final words Premises, or an eviction, actual or constructive, of section 196(4) "Tenant from the Premises or any portions thereof. Landlord shall also have the right at any time, without the same constituting an actual or constructive eviction and that service ………. be delivered" are deleted without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passage ways, doors and there is substituted "doorways, and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) corridors, elevators, stairs, toilets, or other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware public parts of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of Building and to change the Law of Property Act 1925 name, number or designation by which the Building is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to do so. Terminationcommonly known.

Appears in 1 contract

Samples: Office Lease Agreement (Ultimate Software Group Inc)

Re-entry. Where there occurs a material breach IN THE EVENT that the Tenant shall be in default of any of its covenants to pay Rent or Additional Rent, the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default is not remedied by the Tenant within seven (7) business days (excluding Saturdays, Sundays and Statutory holidays) after the receipt of the tenant covenants and other terms and conditions of this Lease and such notice, the Landlord has served written notice specifying such breach may at its option either enter into and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards to re-enter upon the Property Leased Premises or any part of it thereof in the name of the whole and have again, repossess, and enjoy the same as of its former estate and the said Lease shall thereupon terminate. In the Term absolutely determines without prejudice to any right of action of event that the Landlord Tenant shall be in respect of any breach of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach default of any of its covenants hereunder, other than the Tenant's covenants contained in this Lease and covenant of the Tenant to pay Rent or Additional Rent, the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default be remedied and require that if such default is not in any proceedings for forfeiture remedied by the Tenant within thirty (30) days after the receipt of such notice, or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such longer period as may be reasonably necessary in all view of the circumstances be reasonable for enabling nature of the default, the Landlord may, if the aforementioned notice and cure period has expired at its option either enter into and upon the Leased Premises or any part thereof in the name of the whole and have again, repossess, and enjoy the same as of its former estate and the said Lease shall thereupon terminate, or itself take steps and to conduct negotiations with do or cause to be done such things as may be necessary to remedy and correct such defaults. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 its obligation to pay Rent and other monies payable as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] Rent in accordance with the requirements of section 38A(3)(b) provisions hereof and said Rent and other monies shall continue to accrue and be payable until such time as the Landlord is able to re-let the Leased Premises, or otherwise deal with the same in such manner that it did not sustain any loss should the Tenant then after fail to pay the Rent and other monies payable as Rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Leased Premises for any period equal to or greater or less than the remainder of the 1954 Act; before then current term of the Tenant entered into this Lease and to receive the Rent therefore, said Rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Leased Premises as the Landlord may determine to be appropriate or (helpful in effecting such lease; but in no event shall the Landlord be under any obligation to re­let the Leased Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Leased Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any Rent due hereunder, and the Tenant shall remain liable to the landlord for the deficiency, if earlier) became contractually bound any, it being the intention hereof that nothing herein contained and no entry made by the landlord hereunder shall in any way release the Tenant from the payment of Rent hereby reserved during the term hereof beyond such sum as may be realized by the landlord by such re-letting or by the proceeds of any distress made by the landlord against the Tenant; and provided that the landlord shall not In any event be required to do sopay to the Tenant any Surplus of any sums received by the landlord on a re-letting of the leased Premises in excess of the Rent reserved hereunder. TerminationNotwithstanding anything to the contrary herein, in no event shall Tenant’s total liability hereunder exceed the total remaining Rent including the Operating Expenses under the lease Term.

Appears in 1 contract

Samples: Loan Agreement (Hydrogenics Corp)

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Re-entry. Where there occurs a material breach by 8. In the Tenant event that the Lessee shall be in default of any or its covenants hereunder including the covenant of the tenant covenants Lessee to pay rent or additional rent, whether legal demand has been made or not, the Lessor may at its option either enter into and other terms and conditions of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards to re-enter upon the Property demised premises or any part of it thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the Term absolutely determines without prejudice to any right of action same as agent of the Landlord Lessee and claim against the Lessee for damages suffered. Provided further that in respect of the event that the Lessor shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any breach re-entry or other action so taken shall not be deemed to relieve the Lessee of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right obligation to forfeit this Lease is not affected by any acceptance of or demand for pay rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any other monies payable as rent hereunder and such acceptance demand or affirmation rent and other monies payable as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) provision hereof shall continue to accrue and be payable until such time as the Lessor is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Lessee thereafter fail to pay the rent and other monies payable as rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Lessor shall have the right to re-enter the demised premises as the agent of the 1954 ActLessee either by force or otherwise, without being liable for any prosecution therefor, and to re-let the whole or any portion of the demised premises for any period equal to or greater or less than the remainder of the then current term of the Lessee and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any lessee which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Lessor may make such changes in the character of the improvements or the demised premises as the Lessor may determine to be appropriate or helpful in effecting such Lease; before but in no event shall the Tenant entered into this Lease Lessor be under any obligation to re-let the demised premises in whole or (in part for any purpose which the Lessor may regard as injurious to the demised premises, or to any lessee which the Lessor, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the demised premises upon account of the rent due hereunder, and the Lessee shall remain liable to the Lessor for the deficiency, if earlier) became contractually bound any, it being the intention hereof that nothing herein contained and no entry made by the Lessor hereunder shall in no way release the Lessee from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Lessor by such re-letting or by the proceeds of any distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any event be required to do so. Terminationpay to the Lessee any surplus of any sums received by the Lessor on a re-letting of the demised premises in excess of the rent reserved hereunder.

Appears in 1 contract

Samples: Veri-Tek International, Corp.

Re-entry. Where there occurs a material breach by 8. In the Tenant event the Lessee shall be in default of any of its covenants hereunder including the covenant of the tenant covenants Lessee to pay rent or additional rent, whether legal demand has been made or not, the Lessor may at its option either enter into and other terms and conditions of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards to re-enter upon the Property Demised Premises or any part of it thereof in the name of the whole and have again, repossess and enjoy the same as if its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the Term absolutely determines without prejudice to any right of action same as agent of the Landlord in respect of lessee and claim against the Lessee for damages suffered. Provided further that I the event that the Lessor shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any breach re-entry or other action so taken shall not be deemed to relieve the Lessee of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right obligation to forfeit this Lease is not affected by any acceptance of or demand for pay rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any other monies payable as rent hereunder and such acceptance demand or affirmation rent and other monies payable as aforesaid rent hereunder and such rent and other monies payable as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) provision hereof shall continue to accrue and be payable until such time as the Lessor is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Lessee thereafter fail to pay the rent and other monies payable as rent or otherwise under this lease. Provided further that in addition to all other rights hereby reserved to it, the Lessor shall have the right to re-enter the Demised Premises as the agent of the 1954 ActLessee either by force or otherwise, without being liable for any prosecution therefore, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Lease and to receive the rent therefore, said rent to be any sum which it may deem reasonable, to any lessee which it may deem suitable and satisfactory, and for any use purpose which it may deem appropriate and in connection with any such lease, the Lessor may make such changes in the character of the improvements or the Demised Premises as the Lessor may determine to be appropriate or helpful in effecting such Lease; before but in no event shall the Tenant entered into this Lease Lessor be under any obligation to re-let the Demised Premises in whole or (in part for any purpose which the Lessor may regard as injurious to the Demised Premises, or to any lessee which the Lessor, in the exercise of reasonable discretion, shall deem objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the lessee shall remain liable to the Lessor for the deficiency, if earlier) became contractually bound any, it being the intention hereof that nothing herein contained and no entry made by the Lessor hereunder shall in no way release the Lessee from the payment of the rent hereby reserved during the term hereof being such sum as may be realized by the Lessor by such re-letting or by the proceeds of any distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any event be required to do so. Terminationpay to the Lessee any surplus of any sums received by the Lessor on a re-letting of the Demised Premises in excess of the rent reserved hereunder.

Appears in 1 contract

Samples: Manitex International, Inc.

Re-entry. Where there occurs a material breach Said Lessee will quit and deliver upon the possession of said premises to the Lessor or Lxxxxx’s heirs, successors, agents or assigns, when this lease terminated by limitation or forfeiture, with all window glass replaced, if broken, and with all keys, locks, bolts, plumbing fixtures, elevator, sprinkler, boiler and heating appliances in as good order and condition as the Tenant same are now, or may hereafter be made by repair in compliance with all covenants of this lease, save only the wear thereof from reasonable and careful use. But it is hereby understood, and Lessee hereby covenants with the Lessor, that such forfeiture, annulment or voidance shall not relieve the Lessee from the obligation of the tenant covenants Lessee to make the monthly payments of rent hereinbefore reserved, at the times and other terms in the manner aforesaid; and conditions in case of this Lease and the Landlord has served written notice specifying any such breach and the remedial action required by the Tenant and if within a reasonable period (taking account default of the breach complained of) Lessee, the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards to Lessor may re-enter upon let the Property or any part of it said premises as the agent for and in the name of the whole Lessee, at any rental readily obtainable, applying the proceeds and thereupon avails thereof, first, to the Term absolutely determines without prejudice payment of such expense as the Lessor may be put to any right in re-entering, and then to the payment of action said rent as the same may from time to time become due, and toward the fulfillment of the Landlord in respect of any breach other covenants and agreements of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease Lessee herein contained, and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances balances, if any, shall be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission paid to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 ActLessee; and the Tenant Lessee hereby covenants and agrees that if the Lessor shall recover or take possession of said premises as aforesaid, and be unable to re-let and rent the same so as to realize a person duly authorised by the Tenant made a declaration or a statutory declaration in relation sum equal to the Notice on [_________________] in accordance with rent hereby reserved, the requirements Lessee shall and will pay to the Lessor any and all loss of section 38A(3)(b) difference of rent for the residue of the 1954 Act; before term. The Lessee hereby gives to the Tenant entered into Lessor the right to place and maintain its usual “for rent” signs upon the demised premises, in the place that the same are usually displayed on property similar to that herein demised, for the last thirty days of this Lease lease. “No representation is made that premises are lead free or (if earlier) became contractually bound to do so. Terminationthat these premises are legally habitable.” SEE SPECIAL AGREEMENTS ATTACHED HERETO FORMING A PART OF THIS LEASE

Appears in 1 contract

Samples: Assignment of Real Estate Lease (Alliance Data Systems Corp)

Re-entry. Where there occurs a material breach by the Tenant of the tenant covenants and other terms and conditions clause 3.9 and/or 5.1.2 of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise ceases to exist then it is lawful for the Landlord or any person authorised by the Landlord at any time afterwards to re-enter upon the Property or any part of it in the name of the whole and thereupon the Term absolutely determines without prejudice to any right of action of the Landlord in respect of any breach of the Tenant's obligations contained in this Lease. Lease The Landlord may not exercise the right of re-entry under clause 6.1.1 unless it has given prior notice to the Secretary of State of the breach in respect of which there is a claim against the Tenant and such notice is to contain sufficient detail of the circumstances of the breach to allow the Secretary of State the opportunity to remedy the breach (“the Landlord’s Notice”) The Secretary of State shall within sixty (60) days of receipt of the Landlord’s Notice serve written notice (“Acceptance Notice”) either agreeing or refusing to remedy the breaches specified in the Landlord’s Notice and (if applicable) indicating an intention for this Lease to be assigned in accordance with the terms of this Lease In the event that the Secretary of State fails to serve an Acceptance Notice within sixty (60) days of receipt of the Landlord’s Notice it will be deemed to refuse to remedy the breaches specified in the Landlord’s Notice, and the Landlord may exercise the right of re-entry under clause 6.1.1 In the event that the Secretary of State serves an Acceptance Notice the Secretary of State will be deemed to be agreeing to remedy all the breaches specified in the Landlord’s Notice or take or procure an assignment of this Lease in accordance with the terms of this Lease Following service of an Acceptance Notice the Secretary of State (as appropriate) will have a reasonable length of time (or such longer period as may be agreed between the parties acting reasonably) to: take steps to remedy the breaches specified in the Landlord’s Notice to the Landlord’s reasonable satisfaction and (if applicable); or accept or procure an assignment to the Secretary of State or his or her nominee of the residue of the term of this Lease in accordance with its terms during which time the Landlord will not be able to exercise the right of re-entry under clause 6.1.1 If the Secretary of State (as appropriate) fails to remedy the breaches to the Landlord’s reasonable satisfaction or accept or procure an assignment of this Lease in accordance with the terms of this Lease in the time period specified in clause 6.1.6 the Landlord may exercise the right of the re-entry under clause 6.1.1 Any dispute between the Landlord and the Tenant about whether the breaches specified in the Landlord’s Notice have been adequately remedied or whether an assignment has been accepted or procured in accordance with the terms of this Lease are to be dealt with pursuant to clause 12 of this Lease Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. breach Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm 4.00pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to do so. Termination

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

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