Common use of Remedies of Landlord Clause in Contracts

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.

Appears in 2 contracts

Sources: Commercial Lease (Carrollton Bancorp), Commercial Lease (Carrollton Bancorp)

Remedies of Landlord. (a) Upon the occurrence of any of the events of default by Tenantlisted in Section 19, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever. A. Terminate this lease, in which event Tenant shall immediately surrender the demised premises to Landlord. If Tenant fails to so surrender such premises, Landlord may, at its optionswithout prejudice to any order remedy which it may have for possession of the demised premises or arrearages in rent, 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 and take possession of the Premises demised premises and expel or remove Tenant and any other person who may be occupying such 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, without being liable for prosecution or otherwise according to lawany claim for damages therefor. 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 on demand the amount equal of all loss and damage which Landlord may suffer by reason of such termination, whether through inability to relet the excess demised premises on satisfactory terms or otherwise. B. Enter upon and take possession of the demised premises, by force if necessary, without terminating this lease and without being liable for prosecution or for any claim for damages therefor, and expel or remove Tenant and any other person who may be occupying such premises or any part thereof. Landlord may relet the demised premises and receive the rent and other payment hereunder of the remainder of the term over the fair rental value of the Premises over the same periodtherefor. Tenant shall also agrees to pay to Landlord all costs and expenses incurred by Landlord monthly or on demand from time to time any deficiency that may arise by reason of Tenant's default includingany such reletting. In determining the amount of such deficiency, without limitationthe brokerage commission, reasonable attorney's fees, remodeling expenses and other costs of regaining possession reletting shall be subtracted from the amount of rent received under such reletting. C. Enter upon the demised premises, by force, if necessary, without terminating this lease and reletting without being liable for any prosecution for any claim for damages therefor, and do whatever Tenant is obligated to do under the Premisesterms of this lease. Tenant agrees to pay Landlord on demand for expenses which Landlord may incur in this effecting compliance with Tenant's obligations under this lease, broker's commissions, consulting fees, marketing fees, storage fees, repair and cleaning costs and leasehold improvement expensestogether with interest thereon at the rate of 10% per annum from the date expended until paid. Landlord shall have not be liable for any damages resulting to the right to possess any and all Tenant from such action, whether caused by negligence of Tenant's property and equipment in the Premises to offset any amount due and owing to LandlordLandlord or otherwise. (c) Upon any default by Tenant, Landlord shall make all good faith efforts to relet the Premises to another party.

Appears in 1 contract

Sources: Net Commercial Lease Agreement (Carpenter W R North America Inc)

Remedies of Landlord. Upon the occurrence of any of the events of default listed in Section 18.1 Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (a) Upon any default by TenantTerminate this lease, in which event Tenant shall immediately surrender the demised premises to Landlord. If Tenant fails to so surrender such premises. Landlord may, at its optionswithout prejudice to any other remedy which it may have for possession of the demised premises or arrearage in rent, 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 and take possession of the Premises demised premises and expel or remove Tenant and any other person who may be occupying such 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 without being liable for prosecution of any claim for damages therefor. Tenant shall pay to law. No entry shall subject Landlord to any liability for trespass or damages. Upon any entry or on demand the amounts of all loss and damage which Landlord may suffer by reason of such termination, Landlord agrees to use reasonable efforts whether through inability to relet the Premises demised premises on Tenant's behalf satisfactory terms 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 Enter upon and take possession of the demised premises, by force if necessary, without terminating this lease and without being liable for prosecution or entry as abovefor any claim for damage therefor, and expel or remove Tenant shall indemnify Landlord against all loss of rents and any other amounts which person who may be occupying such premises or any part thereof. Landlord may incur over relet the remainder of the term in addition demised premises and receive rent therefor. Tenant agrees to paying all overdue rent and other payments. At Landlord's election, Tenant shall pay to Landlord an amount equal monthly or on demand from time 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 time any deficiency that may arise by reason of Tenant's default includingany such reletting. In determining the amount of such deficiency, without limitationthe brokerage commission, reasonable attorney's attorneys' fees, remodeling expenses and other costs of regaining possession and reletting shall be substracted from 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 amount of Tenant's property and equipment in the Premises to offset any amount due and owing to Landlordrent received under such reletting. (c) Upon Enter upon the demised premises, by force, if necessary, without terminating this lease and without being liable for any default by prosecution or for any claim for damages therefor, and do whatever Tenant is obligated to do under the terms of this lease. Tenant agrees to pay Landlord on demand for expenses which Landlord may incur in this effecting compliance with Tenant's obligations under this lease, together with interest thereon at the rate of 10% per annum from the date expended until paid. Landlord shall make all good faith efforts not be liable for any damages resulting to relet the Premises Tenant from such action, whether caused by negligence of Landlord or otherwise. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to another partyLandlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the terms, conditions and covenants herein contained.

Appears in 1 contract

Sources: Net Commercial Lease Agreement (Ameripath Inc)

Remedies of Landlord. (a) Upon the occurrence of any default Event of Default by Tenant, and, subject to the provisions of Subsection 12.B(ii) hereinabove, the continuance of same beyond the applicable notice period, Landlord mayshall have the option to pursue any one or more of the following remedies, in addition to any remedy provided by law, provided Tenant has been given the proper notice as required in Section 12.B above: (i) Terminate this Lease, in which event Tenant shall immediately surrender the Property to Landlord. Tenant shall pay to Landlord on demand the amount of all rent due and owing to Landlord for the period prior to such termination and all damage and loss Landlord may suffer by reason of such termination. (ii) Enter upon and take possession of the Property without terminating this Lease. Landlord may relet the Property and receive the rent therefor. Tenant agrees to pay to Landlord any deficiency that may arise. Landlord's reasonable expenses, including any brokerage commission, attorney's fees, remodeling expenses and other reasonable costs of reletting, shall be subtracted from the amount of rent received under such reletting. (iii) Enter upon the Property without terminating this Lease, and perform Tenant's obligations under the terms of this Lease. Tenant agrees to pay Landlord for expenses which Landlord may incur in thus effecting compliance with Tenant's obligations under this Lease. Landlord shall not be liable for any damages resulting to the Tenant from such action. (iv) Declare due and owing all Rent due or to become due under this Lease. Such acceleration shall include all Minimum Rent, all Fixed Rent, and all Additional Rent. Additional Rent may be estimated by Landlord. No future Percentage Rent is to be included. However, all Percentage Rents after suit and prior to the entry of judgment hereunder shall be included to the extent that it increases the amount due hereunder. (v) Bring an action against Tenant for specific performance of Tenant's obligations under this Lease. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law or in equity so long as same are not inconsistent with the provisions of this Lease. All of Landlord's rights hereunder may be exercised concurrently or consecutively at Landlord's option. However, Landlord, in exercising its optionsrights as set forth above, terminate this Lease and/or commence eviction proceedings shall be required to reasonably mitigate its damages 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 Commonwealth 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 whatsoeverPennsylvania. (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.

Appears in 1 contract

Sources: Lease Agreement (SFX Entertainment Inc)

Remedies of Landlord. (a) Upon any default by Tenant, Landlord may, at its optionsoption, terminate this Lease and/or commence eviction proceedings in accordance with the laws of MarylandVirginia. 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 ’s behalf or otherwise, for such term and rent as Landlord may determinedetermine which are commercially reasonable. 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 any termination or entry as described 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 ’s election, Tenant shall pay to Landlord an amount equal to the excess of the rent and other payment payments hereunder of for the remainder of the term over the fair rental value of the Premises over the same period. Tenant shall also pay to Landlord all customary and reasonable costs and expenses incurred by Landlord by reason of Tenant's ’s default including, without limitation, reasonable attorney's ’s fees, costs of regaining possession and reletting the Premises, broker's commissions, consulting fees, marketing ’s fees, storage fees, repair fees and repairing and cleaning costs costs, etc. If Landlord exercises its rights under this paragraph and leasehold improvement expenses. Landlord shall have elects not to terminate the right Lease, it may from time to possess any time, make such alterations and all of Tenant's property and equipment repairs as necessary 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 order to relet the Premises, and thereafter relet the Premises or any part thereof for such rent and upon such terms and conditions as Landlord may determine advisable in its sole discretion. All rentals and other sums received by Landlord from reletting shall be applied, first, to another partythe payment of any related costs and expenses; second, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be applied in payment of the current month’s rent. If such rentals and other sums are less than the amounts due pursuant to the foregoing schedule for application of proceeds, Tenant shall pay such deficiency to Landlord monthly; if such rentals and other sums shall be more, Tenant shall have no right to, and shall receive no credit for, the excess. Any damage or loss of rent sustained by Landlord may be recovered at the time of the reletting or termination, in a single action or in separate actions, from time to time, as said loss of rents or damages shall accrue, or in a single proceeding deferred until the expiration of the Lease Term (in which event Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of said Lease Term).

Appears in 1 contract

Sources: Commercial Lease Agreement (Millennium Bankshares Corp)

Remedies of Landlord. (a) Upon any default by Tenant, Landlord may, at its options, option terminate this Lease and/or commence eviction proceedings in accordance with the laws of MarylandVirginia. 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 ’s behalf or otherwise, for such term and rent as Landlord may determinedetermine which are commercially reasonable. 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 any termination or entry as described above, Tenant shall indemnify Landlord against all loss of rents and other amounts amount which Landlord may incur over the remainder of the term in addition to paying all overdue rent and other payments. At Landlord's ’s election, . Tenant shall pay to Landlord an amount equal to the excess of the rent and other payment payments hereunder of for the remainder of the term over the fair rental value of the Premises over the same period. Tenant shall also pay to Landlord all customary and reasonable costs and expenses incurred by Landlord by reason of Tenant's ’s default including, without limitation, reasonable attorney's ’s fees, costs of regaining possession and reletting the Premises, broker's commissions, consulting fees, marketing ’s fees, storage fees, repair fees and repairing and cleaning costs, etc. If Landlord exercises its rights under this paragraph and elects not to terminate the Lease, it may from time to time, make such alterations and repairs as necessary in order to relet the Premises, and thereafter relet the Premises or any part thereof for such rent and upon such terms and conditions as Landlord may determine advisable in its sole discretion. All rentals and other sums received by Landlord from reletting shall be applied, first, to the payment of any related costs and leasehold improvement expenses; second, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be applied in payment of the current month’s rent. If such rentals and other sums are less than the amounts due pursuant to the foregoing schedule for application of proceeds. Tenant shall pay such deficiency to Landlord monthly; if such rentals and other sums shall be more, Tenant shall have no right to, and shall receive no credit for the right excess. Any damage or loss of rent sustained by Landlord may be recovered at the time of the reletting or termination, in single proceeding deferred until the expiration of the Lease Term (in which event Tenant hereby agrees that the cause of action shall not be deemed to possess any and all have accrued until the date of Tenant's property and equipment in the Premises to offset any amount due and owing to Landlordexpiration of said Lease Term). (c) Upon any default by TenantIn addition to the other remedies provided in this Lease, and anything contained herein to the contrary notwithstanding, Landlord shall make (i) be entitled to restraint by injunction of any violation of this Lease, and (ii) have a right of distraint for rent and a lien on all good faith efforts of Tenant’s furniture, trade fixtures and equipment in the Premises, as security for rent, providing such costs, fees and expenses are direct and reasonable. (d) Tenant and Landlord each hereby waive all right to relet the Premises to another partytrail by injury in any matter arising out of or in any way connected with this Lease.

Appears in 1 contract

Sources: Commercial Lease Agreement (Millennium Bankshares Corp)

Remedies of Landlord. (a) Upon any default by Tenant, Landlord may, at its optionsoption, terminate this Lease and/or commence eviction proceedings in accordance with the laws of MarylandOklahoma. 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 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 any 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 payments hereunder of for 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 fees and repairing 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 Landlordcosts. (c) Upon any default by Tenant, Landlord shall make all good faith efforts to relet the Premises to another party.

Appears in 1 contract

Sources: Commercial Lease (Harveys Great Things Inc)

Remedies of Landlord. Upon, and at any time during the continuance of, an Event of Default, Landlord, in addition to any other rights or remedies it may have under this Lease or at law or in equity, shall have the right without any further demand or notice, subject to and in accord with applicable law, to pursue any one or more of the following rights and remedies, all of which shall not be in limitation of any other rights and remedies to which Landlord may be entitled in law or equity, and all of which shall be cumulative and non-exclusive: (ai) Upon Re-enter the Premises and eject all persons therefrom, using all reasonable force necessary so to do without liability to any default person for damages sustained by reason of such removal. (ii) Lock the doors to the Premises and exclude Tenant therefrom. (iii) Retain or take possession of any property belonging to Tenant on the Premises pursuant to Landlord’s statutory landlord lien. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, but Landlord mayshall not be obligated to effect such removal. (iv) Render such performance required of Tenant, at its optionsother than the payment of Base Monthly Rent, and charge all costs and expenses incurred in connection therewith to Tenant, and all amounts so charged shall be due and payable immediately to Landlord upon presentment of a statement to Tenant indicating the amount and nature of such costs or expenses. (v) Obtain damages, declaratory relief, specific performance, injunctive relief (prohibitive and/or mandatory) and/or other pre-judgment and/or post-judgment remedies. (vi) Retake possession of the Premises in accord with applicable law with or without terminating this Lease. If Landlord elects to give Tenant a notice to quit, such notice shall constitute notice to relinquish possession of the Premises only and shall not terminate this Lease and/or commence eviction proceedings or Tenant’s obligation to pay Rent, unless otherwise specifically set forth in accordance with such notice. If Landlord does not initially retake possession of the laws Premises or initially elects not to terminate this Lease, Landlord may at any time thereafter elect to take possession of Marylandthe Premises or terminate this Lease by giving Tenant written notice of such election. Upon any such defaultretaking possession of the Premises by legal proceedings, Landlord may remove, or cause to be removed, all persons and property therefrom and may relet the Premises on behalf of Tenant. Tenant appoints Landlord as Tenant’s attorney-in-fact for purposes of reletting the Premises on behalf of Tenant for such purposes for this section of this Lease the section. The foregoing power of attorney appointment shall also be deemed a power coupled with an interest and shall be irrevocable so long as this Lease shall remain in effect. (vii) Terminate this Lease by written notice to ▇▇▇▇▇▇. In the event of such termination, ▇▇▇▇▇▇ agrees to immediately surrender possession of the Premises. Should Landlord terminate this Lease, Tenant shall have no further interest in this Lease or in the right Premises, and Landlord may recover from Tenant all damages Landlord may incur by reason of Tenant’s breach, including the cost of recovering the Premises, reasonable attorney’s fees, and the value at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to enter upon rent reserved in this Lease for the remainder of the Lease Term over the then reasonable rental value of the Premises for the remainder of the Lease Term, all of which amounts shall be immediately due and payable from Tenant to Landlord, at Landlord’s election. (viii) Without termination of this Lease, recover from Tenant all rent and other charges reserved hereunder as the same become due and payable from time to time. (ix) Without termination of this Lease, attempt to relet the Premises or any part thereof, without demand or notice, as agent and repossess for 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 account 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 or terms (which may be for a term extending beyond the Lease Term) and rent at such rental and upon such other terms and conditions as Landlord Landlord, in its reasonable discretion, may determine. No act or failure deem advisable, with the right to act by Landlord shall waive make alteration and repairs to said Premises the expenses of which, along with 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 leasing commissions and other amounts which reasonable expenses of Landlord may incur paid in connection therewith, shall be amortized over the remainder term of the term in addition new lease and shall be deducted from the rent received under such new lease to paying all overdue rent and other paymentsarrive at the “net effective rent” for the purposes of this Section. At Landlord's electionIf the net effective rents received from such reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly and Landlord may bring an amount equal to the excess of the rent and other payment hereunder of the remainder of the term over the fair rental value action therefor as such monthly deficiencies may arise. No such re-entry or taking possession of the Premises over the same period. Tenant shall also pay to Landlord all costs and expenses incurred 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 reason a court of Tenant's default including, competent jurisdiction. Notwithstanding any such reletting 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 Tenanttermination, Landlord shall make all good faith efforts may at any time thereafter, elect to relet the Premises to another partyterminate this Lease for such previous breach.

Appears in 1 contract

Sources: Lease Agreement (Educational Development Corp)

Remedies of Landlord. Upon the occurrence of any of the events of default listed in Section 18, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (a) Upon any default by TenantTerminate this lease, in which event Tenant shall immediately surrender the demised premises to Landlord. If Tenant fails to so surrender such premises, Landlord may, at its optionswithout prejudice to any other remedy which it may have for possession of the demised premises or arrearages in rent, 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 and take possession of the Premises demised premises and expel or remove Tenant and any other person who may be occupying such 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, without being liable for prosecution or otherwise according any claim for damages therefor. Tenant shall pay to law. No entry shall subject Landlord to any liability for trespass or damages. Upon any entry or on demand the amount of all loss and damage which Landlord may suffer by reason of such termination, Landlord agrees to use reasonable efforts whether through inability to relet the Premises demised premises on Tenant's behalf satisfactory terms 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 Enter upon and take possession of the demised premises, by force if necessary, without terminating this lease and without being liable for prosecution or entry as abovefor any claim for damages therefor, and expel or remove Tenant shall indemnify Landlord against all loss of rents and any other amounts which person who may be occupying such premises or any part thereof. Landlord may incur over relet the remainder of the term in addition to paying all overdue rent demised premises and other payments. At Landlord's election, Tenant shall pay to Landlord an amount equal to the excess of receive the rent and other payment hereunder of the remainder of the term over the fair rental value of the Premises over the same periodtherefor. Tenant shall also agrees to pay Landlord monthly or on demand from time to Landlord all costs and expenses incurred by Landlord time any deficiency that may arise by reason of Tenant's default includingany such reletting. In determining the amount of such deficiency, without limitationthe brokerage commission, reasonable attorney's fees, remodeling expenses and other costs of regaining possession and reletting shall be subtracted from 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 amount of Tenant's property and equipment in the Premises to offset any amount due and owing to Landlordrent received under such reletting. (c) Upon Enter upon the demised premises, by force, if necessary, without terminating this lease and without being liable for any default by prosecution or for any claim for damages therefor, and do whatever Tenant is obligated to do under the terms of this lease. Tenant agrees to pay Landlord on demand for expenses which Landlord may incur in this effecting compliance with Tenant's obligations under this lease, together with interest thereon at the rate of 10% per annum from the date expended until paid. Landlord shall make all good faith efforts not be liable for any damages resulting to relet the Premises Tenant from such action, whether caused by negligence of Landlord or otherwise. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to another partyLandlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the terms, conditions and covenants herein contained.

Appears in 1 contract

Sources: Net Commercial Lease Agreement (Murray Income Properties Ii LTD)

Remedies of Landlord. (a) Upon any default by Tenant, Landlord may, at its options, terminate A. If this Lease and/or commence eviction proceedings and the Lease Term shall terminate as provided in accordance with the laws of Maryland. Upon Section 10.1, or by or under any such default, Landlord shall also have the right to enter upon the Premises summary proceeding or any part thereofother action or proceeding, without demand or noticethen, and repossess the same and expel Tenant and in 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.said events: (bi) 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 all Base Rent and Additional Rent to the excess date upon which this Lease and the Lease Term shall have terminated or to the date of re-entry upon the Leased Premises by Landlord, as the case may be; (ii) Landlord shall be entitled to retain all monies, if any, paid by Tenant to Landlord, whether as Base Rent, Additional Rent, Security Deposit or otherwise, but such monies shall be credited by Landlord against any Base Rent or Additional Rent due at the time of such termination or re-entry or, at Landlord’s option, against any damages payable by Tenant; (iii) Tenant shall be liable for and shall pay to Landlord, as damages, any deficiency between the Base Rent and Additional Rent payable hereunder for the period which otherwise would have constituted the unexpired portion of the Lease Term and the net amount, if any, of rents (“Net Rent”) collective under any reletting for any part of such period (first deducting from the rents collected under any such reletting all of Landlord’s expenses in connection with the termination of this Lease or Landlord’s re-entry upon the Leased Premises and in connection with such reletting including all repossession costs, brokerage commissions, legal expenses, attorneys’ fees, alteration costs and other expenses of preparing the Leased Premises for such reletting); (iv) Any such deficiency shall be paid in monthly installments by Tenant on the day specified in this Lease for the payment of installments of Base Rent. Landlord shall be entitled to recover from Tenant each monthly deficiency as the same shall arise and no suit to collect the amount of the deficiency for any month shall prejudice Landlord’s right to collect the deficiency for any subsequent month by a similar proceeding. Alternatively, suit or suits for the recovery of such deficiencies may be brought by Landlord from time to time at its election; (a) In no event shall Tenant be entitled to receive any access of such Net Rent over the sums payable by Tenant to Landlord hereunder, (b) in no event shall Tenant be entitled in any suit for the collection of damages pursuant to this Section to a credit in respect of any Net Rent from a reletting except to the extent that such Net Rent is actually received by Landlord prior to the commencement of such suit, and (c) if the Leased Premises or any part thereof shall be relet in combination with other space, then proper apportionment on a square foot area basis shall be made of the rent received from such reletting and of the expenses of reletting; (vi) Landlord and Landlord’s agents ay immediately re-enter the Leased Premises or any part thereof without notice, either by summary proceedings or by any other applicable action or proceeding or by force or otherwise (without being liable to indictment, prosecution or damages therefor), and may repossess the Leased Premises and dispossess Tenant and any other persons from the Leased Premises and remove any and all of its or their property and effects from the Leased Premises and in no event shall re-entry be deemed an acceptance of surrender of this Lease, and in the event that the Tenant has abandoned the Leased Premises, title to any property of the Tenant left in the Leased Premises shall immediately pass to the Landlord, and the Landlord shall be entitled to dispose of, use or otherwise own such property of Tenant, with the value thereof being credited to the account of the Tenant; and (vii) Landlord, at L▇▇▇▇▇▇▇’s option, may relet the whole or any part or parts of the Leased Premises from time to time to such tenant or tenants, for such term or terms ending before, on or after the Expiration Date, at such rental or rentals and upon such other conditions, which may include concessions and free rent periods, as Landlord, in its sole discretion, may determine. Landlord shall have no obligation to relet the Leased Premises or any part thereof and shall in no event be liable for refusal or failure to collect any rent due upon any such reletting, and no such refusal or failure shall operate to relieve Tenant of any liability under this Lease or otherwise to affect any such liability; Landlord, at Landlord’s option, may make such repairs, replacements, alterations, additions, improvements, decorations and other payment hereunder physical changes in and to the Leased Premises as Landlord, in its sole discretion considers advisable or necessary in connection with any such reletting or proposed reletting, without relieving Tenant of any liability under this Lease or otherwise affecting any such liability. B. In the event of any breach or threatened breach by Tenant, or any persons claiming through or under Tenant of any of the remainder of the term over the fair rental value of the Premises over the same period. Tenant agreements, terms, covenants or conditions contained in this Lease, Landlord shall also pay be entitled to Landlord all costs enjoin such breach or threatened breach 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 invoke any right and all of Tenant's property and equipment remedy allowed at law or in the Premises to offset any amount due and owing to Landlordequity or by statute or otherwise as if re-entry, summary proceedings or other specific remedies were not provided for in this Lease. (c) Upon any default by Tenant, Landlord shall make all good faith efforts to relet the Premises to another party.

Appears in 1 contract

Sources: Lease Agreement (Amphitrite Digital Inc)