Remedies of Landlord Sample Clauses
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Remedies of Landlord. Tenant shall pay to Landlord, on demand, such expenses as Landlord may incur (regardless of whether or not suit is filed), including, without limitation, court costs and attorney’s fees and disbursements, in enforcing the performance of any obligation of Tenant under this Lease. During the continuation of any event of default beyond the expiration of any applicable grace period, in addition to any other rights Landlord may have at law or in equity for Tenant’s default, Landlord shall have the right, at its option, to serve upon Tenant a notice that this Lease will terminate on a date to be specified in such notice, which date shall not be less than three (3) days after such notice, and upon the date so specified, this Lease shall terminate but Tenant shall remain liable and as hereinafter set forth provided however that if Tenant shall commit the same type of default more than two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such defaults shall have been cured within the period after notice provided in Paragraph 32 above, any further similar default shall be deemed to be deliberate and if any further similar default shall occur, Landlord, without affording Tenant an opportunity to cure such further default, may thereafter serve upon Tenant a notice that this Lease will terminate on a date to be specified in such notice, which date shall be not less than three (3) days after such notice, and upon the date so specified, this Lease shall, at Landlord’s option, terminate but Tenant shall remain liable as hereinafter provided. Nothing in this paragraph shall be deemed to require Landlord to give the notices herein provided for prior to the commencement of a summary proceeding for nonpayment of rent or any other sum payable by Tenant to Landlord pursuant to the terms hereof or prior to the commencement of a plenary action for the recovery of rent or any other sum payable by Tenant to Landlord pursuant to the terms hereof on account of any default in the payment of any such Rent or additional sum, it being intended that such notices are for the sole purpose of creating a conditional limitation hereunder pursuant to which this Lease shall be terminated and Tenant shall become a holdover tenant. If this Lease shall be terminated as provided above in this paragraph or if this Lease shall be terminated by summary proceedings or otherwise or if the Leased Premises shall become vacant or deserted or abandoned during the Term and...
Remedies of Landlord. (a) In the event that any monthly installment of rent or any other sum required to be paid hereunder or any part thereof shall remain unpaid for fifteen (15) days after becoming due, the Landlord shall have the immediate right to re-enter the Farm, or any part thereof and thereupon this Lease shall terminate but without prejudice to the right of action of the Landlord in respect of any breach of the Tenant’s covenants herein contained or implied. The Landlord shall upon the exercise of such right of re-entry dispossess the Tenant and all other occupants therefrom and remove and dispose of all property therein in the manner provided in Subdivision (c) of this Clause, all without service of any notice of intention to re-enter and with or without resort to legal process (which the Tenant hereby expressly waives) and without the Landlord being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. The Landlord shall also have the right, at the option of the Landlord, to terminate this Lease upon thirty (30) days written notice to the Tenant and to thereupon re-enter and take possession of the said Farm with legal process. Nothing herein, however, shall be construed to require the Landlord to re-enter in any event. The Landlord shall not, in any event, be required to pay the Tenant any surplus of any sums received by the Landlord on a re-letting of the said Farm in excess of the rent provided in this Lease.
(b) The Landlord in addition to other rights and remedies he may have, shall have the right to remove all or any part of the Tenant's property from the Farm and any property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of the Tenant and the Landlord shall not be responsible for the care or safekeeping thereof, and the Tenant hereby waives any and all loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts.
(c) No such re-entry or taking possession of the Farm by the Landlord shall be construed as an election on the Landlord's part to terminate this Lease unless a written notice of such intention is given to the Tenant. Notwithstanding any such re-letting without termination, the Landlord may at all times hereafter, elect to terminate this Lease for such previous default or breach. Any such re-entry shall be allowed by the Tenant without hindrance, and the Landlord shall not be liable in damages for any such re-entry, or guilt...
Remedies of Landlord. (a) Upon the occurrence of an Event of Default by ▇▇▇▇▇▇, in addition to the remedies described in § 9.3 and any other remedies available to Landlord at law or in equity, Landlord has the right to terminate this Lease upon not less than 60 days prior written notice to Tenant; provided, however, that in the case of a non-monetary Event of Default by Tenant that poses an immediate threat to the health or safety of persons or property, Landlord has the right to reduce said 60-day notice period to ten days. Upon such termination, this Lease comes to an end as fully and completely as if the Expiration Date stated in such notice were the Expiration Date originally fixed, and ▇▇▇▇▇▇ must then quit and surrender the Premises to Landlord as provided in § 6.7, but ▇▇▇▇▇▇ remains liable for damages arising out of such Event of Default, as provided in this Lease.
(b) Upon termination of this Lease by Landlord pursuant to this § 9.2, Tenant must pay to Landlord Rent payable by Tenant to Landlord up to the Expiration Date, and ▇▇▇▇▇▇ remains liable for any breach of Tenant’s obligations under this Lease occurring before the Expiration Date. In addition, Tenant is liable to pay Landlord, as damages, the aggregate of Rent remaining in the Term.
(c) Tenant must pay Rent in the same manner, to the same extent, and at the same time as if this Lease had not been terminated. In calculating the amounts to be paid by Tenant pursuant to the preceding sentence, Landlord must credit Tenant with the net rents that Landlord actually receives from a reletting of the Premises. Net rents must be determined by deducting from the gross rents, as and when Landlord receives the gross rents from such reletting, the reasonable expenses that Landlord incurs or pays in terminating this Lease and the reasonable expenses that Landlord incurs or pays in connection with the reletting of the Premises that are allocable to the Term. In no event is Tenant entitled to receive any excess of such net rents over the sums that Tenant must pay to Landlord under this Lease. If Landlord terminates this Lease by reason of an Event of Default by ▇▇▇▇▇▇, Landlord must take all reasonable steps to mitigate Landlord’s damages, including making reasonable efforts to relet the Premises for a period that is equal to, shorter, or longer than the Term.
Remedies of Landlord. Upon any default by Tenant, Landlord may, at its option, terminate this Lease and/or commence eviction proceeding in accordance with the laws of Kentucky.
Remedies of Landlord. (a) Upon any default by Tenant, Landlord may, at its options, terminate this Lease and/or commence eviction proceedings in accordance with the laws of Maryland. Upon any such default, Landlord shall also have the right to enter upon the Premises or any part thereof, without demand or notice, and repossess the same and expel Tenant and any other occupants and their effects, either with or without terminating this Lease. Notwithstanding the foregoing, if the default is solely due to a delinquent monthly rental payment, Landlord shall not enter upon the Premises for a period of thirty (30) days from the date of such default. Any entry may be with or without process of law, by force if necessary, or otherwise according to law. No entry shall subject Landlord to any liability for trespass or damages. Upon any entry or termination, Landlord agrees to use reasonable efforts to relet the Premises on Tenant's behalf or otherwise, for such term and rent as Landlord may determine. No act or failure to act by Landlord shall waive any remedies which Landlord may have for arrears of rent or breach of covenant or release Tenant from any liability whatsoever.
(b) Upon termination or entry as above, Tenant shall indemnify Landlord against all loss of rents and other amounts which Landlord may incur over the remainder of the term in addition to paying all overdue rent and other payments. At Landlord's election, Tenant shall pay to Landlord an amount equal to the excess of the rent and other payment hereunder of the remainder of the term over the fair rental value of the Premises over the same period. Tenant shall also pay to Landlord all costs and expenses incurred by Landlord by reason of Tenant's default including, without limitation, reasonable attorney's fees, costs of regaining possession and reletting the Premises, broker's commissions, consulting fees, marketing fees, storage fees, repair and cleaning costs and leasehold improvement expenses. Landlord shall have the right to possess any and all of Tenant's property and equipment in the Premises to offset any amount due and owing to Landlord.
(c) Upon any default by Tenant, Landlord shall make all good faith efforts to relet the Premises to another party.
Remedies of Landlord. All rights and remedies of Landlord herein set forth are in addition to, and not in lieu of, all other rights and remedies which are or may be available to Landlord at law or in equity.
(a) If Tenant fails to pay any monthly installment of Base Rent or Additional Rent payable in equal monthly installments within five (5) days of when due, or fails to pay any other charges, costs or expenses payable by Tenant hereunder within ten (10) days after the rendition of Landlord's statement therefor, and fails to cure any such payment failure within ten (10) days after Landlord delivers written notice thereof to Tenant, or defaults in the performance of any of Tenant's non-monetary covenants, obligations or agreements hereunder and such failure or default is not cured within thirty (30) days after notice from Landlord (such period to be extended for the period reasonably required to complete such cure so long as Tenant has commenced cure and is diligently proceeding), or if the leasehold interest of Tenant be levied upon under execution or be liened or attached, ▇▇▇▇▇▇ makes an assignment for the benefit of creditors, a receiver be appointed for any property of Tenant or Tenant abandons the Premises, then and in any such event, Landlord may, if Landlord so elects, upon written notice of such election to Tenant terminate this Lease and ▇▇▇▇▇▇'s right to possession of the Premises, or Landlord may, without terminating this Lease, by written notice to Tenant terminate ▇▇▇▇▇▇'s right to possession of the Premises.
(b) Upon the filing of a petition by or against Tenant under the Bankruptcy Code, Tenant, as debtor and as debtor-in-possession, and any trustee who may be appointed shall (1) timely perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; (2) pay monthly in advance on the first day of each month as reasonable compensation for use and occupancy of the Premises an amount equal to the Rent and other charges otherwise due pursuant to this Lease; (3) provide adequate assurance of future performance under the Lease; (4) reject or assume this Lease within sixty (60) days after the filing of such petition under the Bankruptcy Code; and (5) do all other things of benefit to Landlord otherwise required or permitted under the Bankruptcy Code. Tenant, as debtor and as debtor-in-possession, and any trustee shall be deemed to have rejected this Lease in the even...
Remedies of Landlord. Upon the occurrence of any default by tenant specified in Section 14.1, Landlord, at its option, may in addition to all other rights and remedies provided herein or at law or in equity, exercise one or more of the remedies set forth in subsections 14.2.1, 14.2.2 or 14.2.3.
Remedies of Landlord. If any one or more Event of Default occurs, Landlord shall have the right at Landlord's election, then or at any time thereafter, in addition to its other rights and remedies under this Lease or any Laws, to do any one or more of the following:
(a) Without demand or notice except as required by Laws, to enter and retake possession of the Premises or any part of it and expel Tenant and those claiming through or under Tenant and remove the effects of both or either, without being guilty of trespass and without prejudice to any remedies for unpaid of Rent or other breach of this Lease. If Landlord elects to enter and retake possession pursuant to legal proceedings or pursuant to any notice provided for by Laws, Landlord may, from time to time, without terminating this Lease, relet the Premises or any part of it, in Landlord's or Tenant's name but for the account of Tenant, for such periods (which may be greater or less than the period which would otherwise have constituted the balance of the Lease Term) and on such conditions and upon such other terms (which may include, among other terms, leasing and brokerage fees, concessions of free rent and alteration and repair of the Premises) as Landlord, in its sale discretion, may determine, and Landlord shall be entitled to collect all the rents from the reletting. Landlord shall in no way be responsible or liable for any failure to relet the Premises or any part of it, or for any failure to collect any rent due upon reletting. No such entry or repossession or notice by Landlord shall be construed as an election on Landlord's part to terminate this Lease, unless written notice of termination is given to Tenant. Landlord reserves the right following any such entry and/or reletting to exercise its right to terminate this Lease by giving Tenant notice, in which event the Lease will terminate as specified in that notice.
(b) If Landlord takes possession of the Premises without terminating this Lease, Tenant shall pay to Landlord (i) the Rent and other sums payable under this Lease, less (ii) the net proceeds, if any, of any reletting of the Premises after deducting all of Landlord's expenses incurred in connection with the reletting, including all repossession costs, leasing and brokerage fees, concessions, attorneys' fees, expenses of employees, alteration and repair costs ("Reletting Expenses"). If, in connection with any reletting, the new lease term extends beyond the Lease Term or the premises covered thereby incl...
Remedies of Landlord. In the event of Tenant's default hereunder, then in addition to any other rights or remedies Landlord may have under this Lease or under law, Landlord may elect either of the remedies set forth in Paragraphs 11.2.1 and 11.
Remedies of Landlord. Upon the occurrence of any event of default set forth in Section 15.01, Landlord shall have the following rights and remedies, in addition to those allowed by law, any one or more of which may be exercised without further notice to or demand upon Tenant: