Common use of Reletting Clause in Contracts

Reletting. In the event of the abandonment of the Premises by Tenant or if Landlord elects to re-enter as provided in Paragraph 25.3 or takes possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord may from time to time relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Zeltiq Aesthetics Inc)

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Reletting. In the event of the abandonment of the Premises by Tenant or if Should Landlord elects elect to re-enter enter, as provided in Paragraph 25.3 herein provided, or takes should it take possession of the Premises pursuant to legal proceeding proceedings or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord it may either terminate this lease or it may from time to time without terminating this lease, make such reasonable alterations and premises, and relet the Premises said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If Landlord shall elect to so relet, then advisable; upon each such reletting all rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) first, to the payment of any indebtedness other than Rent rent due hereunder from Tenant to Landlord; (iii) second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorneys' fees and costs of such reasonable alterations and reasonable repairs (which shall not include special alterations and repairs for unusual specifications of the new tenant); (iv) third, to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder rent as the same may become due and payable hereunder. Should that portion of If such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, month be less than the Rent payable that to be paid during such that month by TenantTenant hereunder, then Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred No such re-entry or taking possession of the Demised Premises by Landlord in shall be construed as an election on its part to terminate this lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting or without termination, Landlord may at any time thereafter elect to terminate this lease for any such previous breach. Should Landlord at any time terminate this lease for any breach, in making addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such alterations breach, including attorneys' fees (which must be reasonable) and repairs not covered by other costs of recovering the rentals received from such relettingDemised Premises.

Appears in 1 contract

Samples: Interstate General Co L P

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remediesremedies (to the extent awarded by any court or arbitrator); (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv) to -(4)~to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and and- repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Singing Machine Co Inc

Reletting. In the event of the abandonment of the Premises by Tenant Lessee or if Landlord elects in the event that Lessor shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Lessor does not elect to terminate this Lease as provided in Paragraph a, Landlord Lessor may from time to time time, without terminating this Lease, relet the Premises or any part port thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord Lessor in its sole discretion may deem advisable with the right fight to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If Landlord In the event that Lessor shall elect to so relet, then rentals received by Landlord Lessor from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord Lessor as a result of a Default and costs in the event suit is filed by Landlord Lessor to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant Lessee to LandlordLessor; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord Lessor and applied in payment of future Rent and other sums payable by Tenant Lessee hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantLessee hereunder, then Tenant Lessee shall pay such deficiency to LandlordLessor. Such deficiency shall be calculated and paid monthly. Tenant Lessee shall also pay to LandlordLessor, as soon as ascertained, any costs and expenses incurred by Landlord Lessor in such reletting or in making making, such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Improvement Agreement (Introbiotics Phamaceuticals Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if Landlord elects to re-enter as provided in Paragraph 25.3 25(d) or takes possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord may from time to time relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Trident Microsystems Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(b) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from for such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any reasonable costs of such reletting; (iv4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Sublease Agreement (Oak Technology Inc)

Reletting. In in the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(b) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paraxxxxx 00(x), Landlord may Xxxxxxxx xxx from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any reasonable costs of such reletting; (iv4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (MMC Networks Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or of terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Corgentech Inc)

Reletting. In Without terminating or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation under this Lease in the event absence of express written notice of the abandonment of District’s election to do so, the Premises by Tenant or if Landlord elects to re-District may enter as provided in Paragraph 25.3 or takes possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord may from time to time and relet the Premises or any part portion thereof at any time or from time to time and for such term or terms term(s) and upon such condition(s) and at such rental as the District deems proper. Whether or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with not the Premises are relet, Tenant shall pay to the District all amounts required under this Lease up to the date that the District terminates Tenant’s right to make alterations possession, and repairs thereafter Tenant shall pay to the District, until the end of the Term of the Lease, all rent and additional rent required under the terms of this Lease. Payments by Tenant will be due at the times provided in this Lease, and the District need not wait until the termination of this Lease to recover them. Re- letting of the Premises in Landlord’s sole discretionor any portion of the Premises will not relieve Tenant of any obligation under this Lease. If Landlord shall elect to so relet, then rentals Proceeds received by Landlord the District from such reletting shall will be applied in the following orderapplied: (i) first, to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent rent due hereunder from Tenant Tenant; second, to Landlordcosts of reletting; (iii) third, to the payment of any costs of such reletting; (iv) to the payment of the costs cost of any alterations and repairs to the Premises; (v) fourth, to the payment of Rent rent due and unpaid hereunder; and (vi) the residue, if any, shall . Any residual will be held by Landlord the District and applied in payment of future Rent and other sums payable by Tenant hereunder rent as the same may become becomes due and payable hereunderunder this Lease. Should that portion of such rentals the proceeds received by the District from such reletting re- letting applied to payment of rent be less than the rent payable by Tenant during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlordthe District immediately upon demand. Such deficiency shall be calculated The District may execute any lease under this section in its own name, and paid monthly. Tenant shall also pay the tenant under such lease will have no obligation to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered see to application by the rentals District of proceeds received from by the District, nor will Tenant have any right to collect such relettingproceeds. The District will not by any re-entry or other act be deemed to accept any surrender by Tenant of the Premises or be deemed to terminate this Lease or to relieve Tenant of any obligation under this Lease, unless the District gives Tenant express written notice of the District’s election to do so.

Appears in 1 contract

Samples: Lease Agreement

Reletting. In the event of the abandonment of the Premises by --------- Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; , and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Scios Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time tune, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Financial Engines, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph 25(a), Landlord may from time to time relet the Premises time, without terminating xxxx Xxxxx, xxxxx xxx Xxemises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Corp)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by applicable law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph a, above, Landlord may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Industrial Lease (Abgenix Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding proceedings or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals rent and other sums received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a the occurrence of an Event of Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness Rent other than Base Rent or Additional Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any reasonable costs of such reletting; (iv4) to the payment of the costs of any reasonable alterations and repairs to the PremisesPremises required to be made at Landlord’s expense in connection with any such reletting; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals rent and other sums received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting (and not otherwise reimbursed to Landlord) or in making such alterations and repairs not covered by the rentals rent and other sums received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Silicon Graphics Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(b) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Pxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Deed of Lease (Sucampo Pharmaceuticals, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 24(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any the costs of such relettingrepairing, restoring and cleaning the Premises to place the Premises in the condition of surrender required pursuant to Paragraph 10 above; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (viv) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Lionbridge Technologies Inc /De/)

Reletting. In the event of the abandonment of the Premises by --------- Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(b) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any reasonable costs of such reletting; (iv4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Globalcenter Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Hybrid Networks Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 24(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (OMNICELL, Inc)

Reletting. In the event of the abandonment of the Premises --------- by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Sonicwall Inc

Reletting. In At the event option of the abandonment of the Premises by Tenant or if Landlord elects to re-enter as provided in Paragraph 25.3 or takes possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by lawLandlord, then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord may from time to time relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If Landlord shall elect to so relet, then rentals rents received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) first to the payment of any indebtedness other than Rent due hereunder from Tenant to LandlordLindlord, other than Basic Rent due hereunder; (iii) second, to the payment of any costs and expenses of such reletting; (iv) reletting and including, but not limited to, attorneys fees, advertising fees and brokerage fees, and to the payment of the costs of any repairs, renovations, remodeling, redecoration, alterations and repairs to changes in the Demised Premises; (v) third, to the payment of any Rent due and unpaid to become due hereunder, and if after so applying said Rents there is any deficiency in the Rent to be paid by Tenant under this Lease, Tenant shall pay any deficiency to Landlord monthly on the dates specified herein and any payment made or suits brought to collect the amount of the deficiency for any month shall not prejudice in any way the right of Landlord to collect the deficiency for any subsequent month. Landlord shall not be liable for failure to relet if Landlord has diligently and continuously attempted to relet the same; and (vi) the residue, if any, in no event shall Tenant be held by Landlord and applied in payment entitled to receive any excess of future Rent and other net Rents collected over sums payable by Tenant hereunder to Landlord hereunder. No such re-entry or taking possession of the Demised Premises shall be construed as an election on Lindlord's part to terminate this Lease unless a written notice of such intention be given to Tenant. Notwithstanding any such reletting without termination on, Landlord may at any time thereafter elect to terminate this Lease. If Landlord at any time terminates this Lease by reason of any Event of Default, then, in addition to any other remedy it may have, Landlord may recover from Tenant the present value of the amount of Rent reserved in this Lease for the balance of the term, over the then fair market rental value of the Demised Premises for the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any monthperiod, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any plus all court costs and expenses attorneys fees incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such relettingcollection of the same.

Appears in 1 contract

Samples: Lease (Heska Corp)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Paypal Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00.0, Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness indebtedness, other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Advanced Medicine Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Pxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (NovaRay Medical, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if Landlord elects to re-enter as provided in Paragraph 25.3 or takes any case where LANDLORD has recovered possession of the Premises pursuant leased premises by reason of TENANT'S default, LANDLORD may, at LANDLORD'S option, occupy the leased premises or cause the leased premises to legal proceeding be reasonably redecorated, altered, divided, consolidated with other adjoining premises, or pursuant otherwise changed or prepared for reletting, and may relet the leased premises or any part thereof as agent of TENANT or otherwise for a term or terms to any notice provided expire prior to, at the same time as, or subsequent to the original expiration date of this Lease, at LANDLORD'S option, and receive the rent therefor, applying the same first to the payment of such expenses as LANDLORD may have incurred in connection with the recovery of possession, redecoration, altering, dividing, consolidating with other adjoining premises, or otherwise changing or preparing for reletting, and the reletting, including reasonable brokerage fees and attorneys' fees (to the extent allowed by law) and then to the payment of damages in amounts equal to the rent hereunder and to the cost and expense of performance of the other covenants of TENANT as herein provided; and TENANT agrees, then without terminating Tenant’s contractual liability for Landlord’s damageswhether or not LANDLORD has relet, Landlord may to pay to LANDLORD damages equal to the rent and other sums herein agreed to be paid by TENANT during the remainder of the original term of this Lease, less the net proceeds of the reletting, if any, as ascertained from time to time relet and the Premises or same shall be payable by TENANT on the several rent days above specified. LANDLORD shall have the right, in reletting the leased premises, to grant reasonable rent concessions and TENANT shall not be entitled to any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretioncredit by reason thereof. If Landlord shall elect to so relet, then rentals received by Landlord from No such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as constitute a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.surrender and

Appears in 1 contract

Samples: Lease Agreement (Candlewood Hotel Co Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Financial Engines, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a an Event of Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Industrial Lease (Aviragen Therapeutics, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00.0, Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the the. payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Theravance Inc)

Reletting. In the event of the abandonment of the tire Premises by Tenant Concessionaire or if Landlord elects in the event that City shall elect to re-enter as provided in Paragraph 25.3 Section 11.2,3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord if City does not elect to tenninate this Agreement as provided in Section 11,2.1. City may - from time to time time, without tenninating this Agreement, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord City in its sole discretion may deem advisable with the right to make alterations and repairs to the tire Premises in Landlord’s City's sole discretion. If Landlord In tire event that City shall elect to so relet, then rentals received by Landlord City from such reletting shall be applied in the following order: (ia) to reasonable attorneys' fees incurred by Landlord City as a result of a Default and costs in the event suit is filed by Landlord City to enforce such remedies; (iib) to the tire payment of any indebtedness other than Rent due hereunder from Tenant Concessionaire to LandlordCity; (iiic) to the payment of any costs of such reletting; (ivd) to the payment of the costs of any alterations and repairs to the Premises; (ve) to the payment of Rent due and unpaid hereunder; and (vif) the residue, if any, shall be held by Landlord City and applied in payment of future Rent and arrd other sums payable by Tenant Concessionaire hereunder as the same may become due and payable payable, hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by Tenant09-11-14 Retail Is1 Amended Concession Agr K:RT/CDG/Co»cessions/T4578 Rev/FB/ Concessionaire, LAA-8552 Concessionaire hereunder, then Tenant Concessionaire shall pay such deficiency to LandlordCity. Such deficiency shall be calculated and paid monthly. Tenant Concessionaire shall also pay to LandlordCity, as soon as ascertained, any costs and expenses incurred by Landlord City in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: clkrep.lacity.org

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Reletting. In the event of the abandonment of the Premises by Tenant or if --------- in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(b) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any reasonable costs of such reletting; (iv4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (MMC Networks Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Pxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (INVO Bioscience, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if Landlord elects to re-may enter as provided in Paragraph 25.3 or takes and take possession of the Leased Premises pursuant without terminating this Lease and without being liable to legal proceeding prosecution or pursuant any claim for damages therefor, and Landlord may change the locks on the doors to the Leased Premises to exclude Tenant therefrom and immediately discontinue furnishing any notice provided by lawutilities and other services Landlord has been providing. If Landlord terminates Tenant's possession of the Leased Premises, either with or without terminating the Lease, then without terminating Tenant’s contractual liability either: (a) the aggregate amount of the Base Rent for the remainder of the Lease Term shall at once mature and be immediately due and payable by Tenant to Landlord’s damages, and Landlord shall have the right to immediate recovery of all such amounts, together with interest thereon as provided hereinabove; or (b) Landlord may from time to time relet the Leased Premises either in the name of Landlord or as the agent of Tenant and receive the rent therefor, in which event Tenant will pay to Landlord, on demand, the costs of renovating, repairing and altering the Leased Premises and any part thereof deficiency that might arise by reason of such reletting. Such reletting, if undertaken at Landlord's sole discretion, may be for such term or terms (which may be greater or less than the then balance of the Lease Term hereunder) and at on such rental conditions (which may include concessions or rentals and upon such other terms and conditions free rent) as Landlord in its sole Landlord's absolute discretion may deem advisable with determine. Landlord will have no duty to relet the right Leased Premises and the failure of Landlord to make alterations and repairs to relet the Leased Premises in Landlord’s sole discretionwill not release or affect Tenant's liability for Rent or for damages determined as provided hereinbelow. If In addition, Landlord shall elect have the right, from time to so relettime, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder recover from Tenant all Additional Rent thereafter accruing pursuant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such relettingParagraph 3.2.

Appears in 1 contract

Samples: Agreement (Catalog Com Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Industrial Lease (Capstone Turbine Corp)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Copper Mountain Networks Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(b) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Office Lease Agreement (Callidus Software Inc)

Reletting. In Without terminating or effecting a forfeiture of this Lease or otherwise relieving Tenant of any obligation under this Lease in the event absence of express written notice of the abandonment of District’s election to do so, the Premises by Tenant or if Landlord elects to re-District may enter as provided in Paragraph 25.3 or takes possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord may from time to time and relet the Premises or any part portion thereof at any time or from time to time and for such term or terms term(s) and upon such condition(s) and at such rental as the District deems proper. Whether or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with not the Premises are relet, Tenant shall pay to the District all amounts required under this Lease up to the date that the District terminates Tenant’s right to make alterations possession, and repairs thereafter Tenant shall pay to the District, until the end of the Term of the Lease, all rent and additional rent required under the terms of this Lease. Payments by Xxxxxx will be due at the times provided in this Lease, and the District need not wait until the termination of this Lease to recover them. Re- letting of the Premises in Landlord’s sole discretionor any portion of the Premises will not relieve Tenant of any obligation under this Lease. If Landlord shall elect to so relet, then rentals Proceeds received by Landlord the District from such reletting shall will be applied in the following orderapplied: (i) first, to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent rent due hereunder from Tenant Tenant; second, to Landlordcosts of reletting; (iii) third, to the payment of any costs of such reletting; (iv) to the payment of the costs cost of any alterations and repairs to the Premises; (v) fourth, to the payment of Rent rent due and unpaid hereunder; and (vi) the residue, if any, shall . Any residual will be held by Landlord the District and applied in payment of future Rent and other sums payable by Tenant hereunder rent as the same may become becomes due and payable hereunderunder this Lease. Should that portion of such rentals the proceeds received by the District from such reletting re- letting applied to payment of rent be less than the rent payable by Tenant during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such month by Tenant, then Tenant shall pay such deficiency to Landlordthe District immediately upon demand. Such deficiency shall be calculated The District may execute any lease under this section in its own name, and paid monthly. Tenant shall also pay the tenant under such lease will have no obligation to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered see to application by the rentals District of proceeds received from by the District, nor will Tenant have any right to collect such relettingproceeds. The District will not by any re-entry or other act be deemed to accept any surrender by Tenant of the Premises or be deemed to terminate this Lease or to relieve Tenant of any obligation under this Lease, unless the District gives Tenant express written notice of the District’s election to do so.

Appears in 1 contract

Samples: Lease Agreement

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph 25(a), Landlord may from time to time relet the Premises time, without terminating xxxx Xxxxx, xxxxx xxx Xxemises or any part thereof for such - - - - - - - - Confidential Treatment Requested. term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Corixa Corp)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00.0, Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the the. payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Theravance Biopharma, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paraxxxxx 00(x), Landlord may Xxxxxxxx xxx from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Stanford Microdevices Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(b) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretion. If In the event that Landlord shall elect to so reletrelent, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Office Lease Agreement (Workday, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph a, Landlord may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any commercially reasonable alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Industrial Lease (Mips Technologies Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 26(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paraxxxxx 00(x), Landlord may Xxxxxxxx xxx from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Vixel Corp)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Paragraph 25(a), Landlord may from time to time xxxx xxxx xx xxxx, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations and repairs to the Premises; (v) to the payment of Rent due and unpaid hereunder; and (vi) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Bridge Capital Holdings)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 25(c) or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Pxxxxxxxx 00(x), Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionPremises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any reasonable costs of such reletting; (iv4) to the payment of the costs of any reasonable alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses reasonably and necessarily incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Silicon Image Inc)

Reletting. In the event of the abandonment of the Premises by Tenant or if Should Landlord elects elect to re-enter enter, as provided in Paragraph 25.3 herein provided, or takes should Landlord take possession of the Premises pursuant to legal proceeding proceedings or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damages, Landlord may either terminate this Lease or it may from time to time without terminating this lease, make such reasonable alterations and reasonable repairs as may be necessary in order to rent the premises, and relet the Premises said premises or any part thereof for such term or terms (which may but need not necessarily be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole exclusive discretion may deem advisable with the right to make alterations advisable; and repairs to the Premises in Landlord’s sole discretion. If Landlord shall elect to so relet, then upon each such reletting all rentals received by the Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) first, to the payment of any indebtedness other than Rent rent due hereunder from Tenant to Landlord; (iii) second, to the payment of any costs and expenses of such relettingrecovering and reletting the premises; (iv) third, to the payment of the costs of any alterations rent and repairs to the Premises; (v) to the payment of Rent other charges due and unpaid hereunder; and (vi) the residue, if any, shall be held by the Landlord and applied in payment of future Rent rent and other sums payable by Tenant hereunder charges as the same may become due and payable hereunder. Should that portion of If such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, months shall be less than the Rent payable that to be paid during such that month by TenantTenant hereunder, then Tenant shall pay any such deficiency to Landlordlandlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant damages it may incur by reason of such breach, including any unpaid rent and other charges or amounts due under this Lease which are due and owing at the time of termination, and reasonable attorneys' fees and other costs of recovering, repairing and redecorating the premises to a condition sufficient for reletting same. In addition, in the event of termination by Landlord as aforesaid if Landlord at its option and exclusive discretion so elects, Tenant shall also pay to Landlord, on demand, as soon as ascertainedliquidated, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by agreed damages, the rentals received from such reletting.following: The sum of (i) the difference between:

Appears in 1 contract

Samples: Lease Agreement (Mason George Bankshares Inc)

Reletting. In the event of the abandonment of the Demised Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Demised Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in subsection 16(b), Landlord may from time to time time, without terminating this Lease, relet the Demised Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s sole discretionDemised Premises. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i) to reasonable attorneys’ fees incurred by Landlord as a result of a an Event of Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to LandlordBasic Rent; (iii) to the payment of any costs of such reletting; (iv) to the payment of the costs of any alterations alterations, maintenance and repairs to the Demised Premises; (v) to the payment of Basic Rent due and unpaid hereunderunpaid; and (vi) the residuebalance, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunderpayable. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunderRent, be less than the Rent payable during such the month by Tenant, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertaineddetermined, any costs and expenses incurred by Landlord in such reletting or in making such alterations alterations, or performing any maintenance and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (CompoSecure, Inc.)

Reletting. In the event of the abandonment of the Premises by Tenant or if in the event that Landlord elects shall elect to re-enter as provided in Paragraph 25.3 or takes shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then without terminating Tenant’s contractual liability for Landlord’s damagesif Landlord does not elect to terminate this Lease as provided in Xxxxxxxxx 00.0, Landlord Xxxxxxxx may from time to time time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Premises in Landlord’s 's sole discretion. If In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied in the following order: (i1) to reasonable attorneys' fees incurred by Landlord as a result of a Default and costs in the event suit is filed by Landlord to enforce such remedies; (ii2) to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; (iii3) to the payment of any costs of such reletting; (iv4) to the payment of the costs of any alterations and repairs to the Premises; (v5) to the payment of Rent due and unpaid hereunder; and (vi6) the residue, if any, shall be held by Landlord and applied in payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during such the month by TenantTenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.

Appears in 1 contract

Samples: Lease Agreement (Theravance Inc)

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