Common use of Remedies of Landlord Clause in Contracts

Remedies of Landlord. A. From and after the occurrence of any Event of Default, Landlord shall have the option to pursue any one or more of the following remedies as well as any other remedy available at Law or in equity for such Event of Default: (i) terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord; (ii) using lawful means, enter upon and take possession of the Premises without terminating this Lease and without being liable for prosecution or claim for damages, and relet, upon reasonable terms, all or a portion of the Premises (if Landlord elects to enter and relet the Premises, Landlord may at any time thereafter elect to terminate this Lease); (iii) xxx periodically to recover damages during the period corresponding to the portion of the Term for which suit is instituted, and if Landlord elects to xxx and is successful in such suit, Landlord shall be entitled to recover all actual third party costs and expenses of such suit, including reasonable attorneys’ fees, together with interest at the Default Rate; (iv) re-enter the Premises or any portion thereof and attempt to cure any default of Tenant, or make any such payment or perform such act for the account of and at the expense of Tenant, in which event Tenant shall, upon demand, reimburse Landlord as additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default, together with interest at the Default Rate accruing from the date such costs and expenses were incurred, and Tenant agrees that no such entry or action by Landlord shall constitute an actual or constructive eviction or repossession, without Landlord’s express intention to do so as expressed in writing, and no such entry shall be deemed an eviction of Tenant; (v) to the extent permitted by applicable Law, and provided Landlord has terminated this Lease, accelerate and recover from Tenant all Rent and other monetary sums scheduled to become due and owing under this Lease after the date of such breach for the entire Term and any Renewal Term that has been exercised; provided however such amounts shall be discounted to present value at a rate equal to a rate of United States Treasuries with a maturity closest to the remaining Term; and (vi) enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy. Tenant shall reimburse Landlord for any actual out-of-pocket expenses which Landlord actually incurs in complying with the terms of this Lease on behalf of Tenant, together with interest at the Default Rate.

Remedies of Landlord. A. From and after the occurrence If any one or more Events of any Event Default shall happen, then so long as such Events of Default, Default remain uncured Landlord shall have the option rights specified in this Subsection 19.02; provided, that if an Event of Default remains uncured for thirty (30) days (or if an Event of Default is not capable of being cured within such thirty (30) days but is capable of being cured within a longer time, Tenant fails within such thirty (30) days to pursue any one or more of the following remedies as well as any other remedy available at Law or in equity for initiate action that reasonably can be expected to cure such Event of Default: (i) terminate this LeaseDefault as promptly as reasonably practicable or having so initiated such action, fails diligently to pursue such action to conclusion), then thereafter Landlord, in its sole discretion, may accept a cure tendered by Tenant, in which event Tenant shall immediately surrender case, as long as the Premises cure is followed through to completion, Landlord waives its right to pursue its remedies under this Section 19.02 with respect to that particular Event of Default only and not with respect to any other Event of Default. At Landlord; (ii) using lawful means’s election, enter upon or at any time thereafter without demand or notice, Landlord may reenter and take possession of the Premises or any part thereof and repossess the same as Landlord’s former estate and expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or breach of covenants or prior conditions and without terminating this Lease. Should Landlord elect to reenter as provided in this Subsection, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law including a proceeding for possession pursuant to Colorado’s Forcible Entry and unlawful Detainer Statutes, Landlord may, from time to time, without terminating this Lease and without being liable for prosecution or claim for damages, and relet, upon reasonable terms, all or a portion of the Premises (if Landlord elects to enter and relet the Premises, Landlord may at any time thereafter elect to terminate this Lease); (iii) xxx periodically to recover damages during the period corresponding to the portion of the Term for which suit is instituted, and if Landlord elects to xxx and is successful in such suit, Landlord shall be entitled to recover all actual third party costs and expenses of such suit, including reasonable attorneys’ fees, together with interest at the Default Rate; (iv) re-enter the Premises or any portion thereof and attempt to cure any default of Tenant, or make any such payment or perform such act for the account of and at the expense of Tenant, in which event Tenant shall, upon demand, reimburse Landlord as additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default, together with interest at the Default Rate accruing from the date such costs and expenses were incurred, and Tenant agrees that no such entry or action by Landlord shall constitute an actual or constructive eviction or repossession, without Landlord’s express intention to do so as expressed in writing, and no such entry shall be deemed an eviction of Tenant; (v) to the extent permitted by applicable Law, and provided Landlord has terminated this Lease, accelerate and recover from Tenant all Rent and other monetary sums scheduled to become due and owing under this Lease after the date of such breach for the entire Term and any Renewal Term that has been exercised; provided however such amounts shall be discounted to present value at a rate equal to a rate of United States Treasuries with a maturity closest to the remaining Term; and (vi) enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy. Tenant shall reimburse Landlord for any actual out-of-pocket expenses which Landlord actually incurs in complying with the terms of this Lease on behalf of Tenant, together with interest at the Default Rate.either;

Remedies of Landlord. A. From and after the occurrence In case of any Event such default, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (a) the Minimum Annual rent and Additional rent shall become due thereupon and be paid up to the time of Defaultsuch re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for counsel fees, brokerage commissions and/or putting the Premises in good order, or for repairs or clean-up of the Premises; (b) Landlord may re-let the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord's option be less than or exceed the period which would have otherwise constituted the balance of the Term; and/or (c) Tenant or the legal representatives of Tenant shall also pay Landlord any deficiency between (i) the rent hereby reserved and/or covenanted to be paid, and (ii) the net amount if any of the rents collected on account of the lease or leases of the Premises for each month of the period which would otherwise have constituted the balance of the Term. There shall be added to such deficiency such reasonable expenses as Landlord may incur in connection with re-letting of the Premises, including without limitation, counsel fees, brokerage commissions and expenses incurred in maintaining the Premises in good order and in connection with renovating and preparing the same for re-letting. Any such rent deficiency shall be paid in monthly installments by Tenant on the rent due date specified in this Lease Agreement, and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month or months by a similar proceeding. Landlord, at its option, may make such alterations, repairs, replacements and/or decorations as Landlord considers advisable for the purpose of re-letting the Premises; and the making of such alterations and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. In the event of a breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the option right of injunction and the right to pursue invoke any one remedy allowed at law or more in equity, as if re-entry, summary proceedings or other remedies were not herein provided for. Mention in this Lease Agreement of the following remedies as well as any particular remedy shall not preclude Landlord from any other remedy available at Law remedy, in law or in equity for such Event of Default: (i) terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord; (ii) using lawful means, enter upon and take possession of the Premises without terminating this Lease and without being liable for prosecution or claim for damages, and relet, upon reasonable terms, all or a portion of the Premises (if Landlord elects to enter and relet the Premises, Landlord may at any time thereafter elect to terminate this Lease); (iii) xxx periodically to recover damages during the period corresponding to the portion of the Term for which suit is instituted, and if Landlord elects to xxx and is successful in such suit, Landlord shall be entitled to recover all actual third party costs and expenses of such suit, including reasonable attorneys’ fees, together with interest at the Default Rate; (iv) re-enter the Premises or any portion thereof and attempt to cure any default of Tenant, or make any such payment or perform such act for the account of and at the expense of Tenant, in which event Tenant shall, upon demand, reimburse Landlord as additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default, together with interest at the Default Rate accruing from the date such costs and expenses were incurred, and Tenant agrees that no such entry or action by Landlord shall constitute an actual or constructive eviction or repossession, without Landlord’s express intention to do so as expressed in writing, and no such entry shall be deemed an eviction of Tenant; (v) to the extent permitted by applicable Law, and provided Landlord has terminated this Lease, accelerate and recover from Tenant all Rent and other monetary sums scheduled to become due and owing under this Lease after the date of such breach for the entire Term and any Renewal Term that has been exercised; provided however such amounts shall be discounted to present value at a rate equal to a rate of United States Treasuries with a maturity closest to the remaining Term; and (vi) enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy. Tenant shall reimburse Landlord for any actual out-of-pocket expenses which Landlord actually incurs in complying with the terms of this Lease on behalf of Tenant, together with interest at the Default Rateequity.

Remedies of Landlord. A. From and after the occurrence of any If an Event of DefaultDefault occurs, Landlord shall have the option to pursue Landlord, at any one or more of the following remedies as well as time thereafter and without waiving any other remedy rights available to Landlord, at Law law or in equity for such Event of Defaultequity, may: (i) If Landlord does not terminate this LeaseLease or Tenant's right to possession of the Leased Premises, and whether or not Tenant has vacated or abandoned the Leased Premises, and provided that Landlord promptly notifies Tenant in writing that Tenant's right to possession has not been terminated and that Tenant may assign its interest in this lease with the consent of Landlord, which event Tenant consent shall immediately surrender not unreasonably be withheld (it being understood that Landlord's acts of maintenance or preservation of the Leased Premises or efforts to relet the same, or the appointment of a receiver upon the initiative of Landlord to protect Landlord's interest under this lease shall not constitute a termination of Tenant's right to possession), enforce all of Landlord's rights and remedies under this lease, including the right to recover rent as it becomes due under this lease; or (ii) using lawful meansdeclare the term hereof ended, enter peaceably reenter the Leased Premises, upon and take possession of the Premises without terminating this Lease and without being liable for prosecution or claim for damagesthree days prior notice, and relet, upon reasonable terms, remove all or a portion of the Premises (if Landlord elects to enter and relet the Premisespersons therefrom. In this event, Landlord may at exercise any time thereafter elect to terminate this Lease); (iii) xxx periodically of the remedies set forth in California Civil Code Section 1951.2, including, without limitation thereto, the right of Landlord to recover damages during the period corresponding from Tenant an amount equal to the portion "worth at the time of the Term for which suit award," as such term is instituted, and if Landlord elects to xxx and is successful defined in such suitSection, Landlord shall be entitled to recover all actual third party costs and expenses of such suit, including reasonable attorneys’ fees, together with interest at the Default Rate; (iv) re-enter the Premises or any portion thereof and attempt to cure any default of Tenant, or make any such payment or perform such act then unpaid rent for the account balance of and at the expense term of Tenant, this Lease to the extent that it exceeds the amount of any rental loss that Tenant proves could be reasonably avoided. The remedies granted to Landlord herein in which event an Event of Default by Tenant shall, upon demand, reimburse are nonexclusive of any other legal remedies or rights available in law or equity to Landlord. No act of Landlord as additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default, together with interest at the Default Rate accruing from the date such costs and expenses were incurred, and Tenant agrees that no such entry or action by Landlord shall constitute an actual or constructive eviction or repossession, without Landlord’s express intention to do so as expressed in writing, and no such entry shall be deemed an eviction of Tenant; (v) act terminating this lease or declaring the lease term ended unless a written notice is served upon Tenant by Landlord expressly setting forth therein that Landlord elects to terminate this lease or to declare the extent permitted by applicable Law, and provided Landlord has terminated this Lease, accelerate and recover from Tenant all Rent and other monetary sums scheduled to become due and owing under this Lease after the date of such breach for the entire Term and any Renewal Term that has been exercised; provided however such amounts shall be discounted to present value at a rate equal to a rate of United States Treasuries with a maturity closest to the remaining Term; and (vi) enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy. Tenant shall reimburse Landlord for any actual out-of-pocket expenses which Landlord actually incurs in complying with the terms of this Lease on behalf of Tenant, together with interest at the Default Rateterm ended.

Remedies of Landlord. A. From In the event of Default by Tenant, Landlord may elect to either (i) terminate this Lease or (ii) terminate Tenant's right to possession only without termination Tenant's continued liability under this Lease. No reentry or taking possession of the Demised Premises by Landlord shall be construed as an election by Landlord to terminate this Lease unless a written notice of such intention is given to Tenant. No notice from Landlord hereunder or under a forcible entry and after detainer statute or similar law shall constitute an election by Landlord to terminate this Lease unless such notice specifically so states. Notwithstanding the occurrence of any Event of Defaultfact that Landlord initially elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the option continuing right to terminate this Lease by giving Tenant three (3) days' written notice of such further election, and shall have the right to pursue any one or more of the following remedies as well as any other remedy available at Law law or in equity for such Event that may be available to Lessor. In the event of Default: (i) election to terminate this LeaseTenant's right to possession only Landlord may, at Landlord's option enter in which event Tenant shall immediately surrender the Demised Premises to Landlord; (ii) using lawful means, enter upon and take and hold possession of the Premises thereof, without terminating such entry into possession termination this Lease and without being liable or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for prosecution or claim for damages, and relet, upon reasonable terms, all or a portion of the Premises (if Landlord elects to enter and relet the Premisesfull stated Lease Term. Upon such re-entry, Landlord may at any time thereafter elect to terminate this Lease); (iii) xxx periodically to recover damages during remove all persons and property from the period corresponding to the portion of the Term for which suit is instituted, Demised Premises and if Landlord elects to xxx such property may be removed and is successful stored in such suit, Landlord shall be entitled to recover all actual third party costs and expenses of such suit, including reasonable attorneys’ fees, together with interest a public warehouse or elsewhere at the Default Rate; (iv) re-enter the Premises or any portion thereof cost of and attempt to cure any default of Tenant, or make any such payment or perform such act for the account of and at the expense of Tenant, in without Landlord becoming liable for any loss or damage which event Tenant shall, upon demand, reimburse Landlord as additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default, together with interest at the Default Rate accruing from the date such costs and expenses were incurred, and Tenant agrees that no such entry or action by Landlord shall constitute an actual or constructive eviction or repossession, without Landlord’s express intention to do so as expressed in writing, and no such may be occasioned thereby. Such re-entry shall be deemed an eviction conducted without resort to judicial process or notice of Tenant; (v) to any kind if Tenant has abandoned or voluntarily surrendered possession of the extent permitted by applicable LawDemised Premises, and provided Landlord has terminated otherwise by resort to judicial process. Upon and after entry into possession without termination of this Lease, accelerate Landlord may, but is not obligated to, relet the Demised Premises, or any part thereof, for such time and recover from upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may alter, repair and redecorate the Demised Premises as Landlord deems desirable to facilitate reletting the Demised Premises. Upon such re-entry, Tenant all Rent and other monetary sums scheduled to become due and owing under this Lease after the date of such breach for the entire Term and any Renewal Term that has been exercised; provided however such amounts shall be discounted liable to present value at a rate equal to a rate of United States Treasuries with a maturity closest to the remaining Term; and (vi) enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy. Tenant shall reimburse Landlord for any actual out-of-pocket expenses which Landlord actually incurs in complying with the terms of this Lease on behalf of Tenant, together with interest at the Default Rate.as follows:

Remedies of Landlord. A. From and after Upon the occurrence of any Event of DefaultDefault by Tenant, Landlord shall have the option to pursue any one or more of the following remedies as well as any other remedy available at Law or in equity for such Event of DefaultDefault by Tenant: (i) terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord; (ii) using lawful means, enter upon and take possession of the Premises without terminating this Lease and without being liable for prosecution or claim for damages, and relet, upon reasonable terms, all or a portion of the Premises (if Landlord elects to enter and relet the Premises, Landlord may at any time thereafter elect to terminate this Lease); (iii) xxx periodically to recover damages during the period corresponding to the portion of the Term for which suit is instituted, and if Landlord elects to xxx and is successful in such suit, Landlord shall be entitled to recover all actual third party costs and expenses of such suit, including reasonable attorneys’ fees, together with interest at the Default Rate; (iv) re-enter the Premises or any portion thereof and attempt to cure any default of Tenant, or make any such payment or perform such act for the account of and at the expense of Tenant, in which event Tenant shall, upon demand, reimburse Landlord as additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default, together with interest at the Default Rate accruing from the date such costs and expenses were incurred, and Tenant agrees that no such entry or action by Landlord shall constitute an actual or constructive eviction or repossession, without Landlord’s express intention to do so as expressed in writing, and no such entry shall be deemed an eviction of Tenant; (v) to the extent permitted by applicable Law, and provided Landlord has terminated this Lease, accelerate and recover from Tenant all Rent and other monetary sums scheduled to become due and owing under this Lease after the date of such breach for the entire Term and any Renewal Term that has been exercised; provided however such amounts shall be discounted to present value at a rate equal to a rate of United States Treasuries with a maturity closest to the remaining Term; and (vi) enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy. Tenant shall reimburse Landlord for any actual out-of-pocket expenses which Landlord actually incurs in complying with the terms of this Lease on behalf of Tenant, together with interest at the Default Rate.

Remedies of Landlord. A. From (a) If Tenant shall fail to pay to Landlord other amounts provided herein to be paid to Landlord within ten (10) days after rendition of a statement therefor, or defaults in the prompt and after the occurrence full performance of any Event of DefaultTenant’s covenants and dents hereunder; and said default is not corrected within fifteen (15) days after notice from Landlord of said default (or if such default is of such a nature that it cannot be cured completely within such fifteen (15) day period, Landlord if Tenant shall not have promptly commenced to cure the default within said fifteen (15) day period or shall have not diligently prosecuted the option curative work to pursue completion), or if the leasehold interest of Tenant be levied upon under execution, or be attached, or if any one voluntary or more involuntary petition or similar pleading under any Act of the following remedies as well as Congress relating to bankruptcy shall be filed by or against Tenant, or if any other remedy available at Law voluntary or involuntary proceedings in equity for such Event any court or tribunal shall be instituted by or against Tenant, or any guarantor of Default: (i) terminate this Lease, in which event to declare Tenant shall immediately surrender the Premises to Landlord; (ii) using lawful means, enter upon and take possession or any guarantor of the Premises without terminating this Lease and without being liable for prosecution insult or claim for damages, and relet, upon reasonable terms, all finable to pay the debts of Tenant or a portion any guarantor of the Premises (if Landlord elects to enter and relet the Premises, Landlord may at any time thereafter elect to terminate this Lease); (iii) xxx periodically to recover damages during the period corresponding to the portion of the Term for which suit is instituted, and or if Landlord elects to xxx and is successful in such suit, Landlord shall be entitled to recover all actual third party costs and expenses of such suit, including reasonable attorneys’ fees, together with interest at the Default Rate; (iv) re-enter the Premises Tenant or any portion thereof and attempt to cure guarantor of this Lease make an assignment for the benefit of creditors or if a receiver be appointed for any default property of Tenant, or make if Tenant abandons the Premises, then and in any such payment election and with or perform such act for the account without demand whatsoever forthwith terminate this Lease and Tenant’s right to possession of and at the expense of Tenantsaid Premises, in which event Tenant shall, upon demand, reimburse or Landlord as additional Rent for all reasonable costs and expenses which Landlord incurs to cure such default, together with interest at the Default Rate accruing from the date such costs and expenses were incurred, and Tenant agrees that no such entry or action by Landlord shall constitute an actual or constructive eviction or repossessionmay, without Landlord’s express intention to do so as expressed in writing, and no such entry shall be deemed an eviction of Tenant; (v) to the extent permitted by applicable Law, and provided Landlord has terminated this Lease, accelerate and recover from Tenant all Rent and other monetary sums scheduled terminate Tenant’s right to become due and owing under this Lease after possession of the date of such breach for the entire Term and any Renewal Term that has been exercised; provided however such amounts shall be discounted to present value at a rate equal to a rate of United States Treasuries with a maturity closest to the remaining Term; and (vi) enforce the provisions of this Lease by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy. Tenant shall reimburse Landlord for any actual out-of-pocket expenses which Landlord actually incurs in complying with the terms of this Lease on behalf of Tenant, together with interest at the Default RatePremises.