Common use of Remedies Upon Tenant's Default Clause in Contracts

Remedies Upon Tenant's Default. If there should occur any default on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate process, without being liable for prosecution therefor, or for damages, re-enter the said premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, re-let the premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.

Remedies Upon Tenant's Default. If there should shall occur any default on ------------------------------ the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate processforce or otherwise, without being liable for prosecution therefortherefore, or for damages, re-enter the said premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, re-let the premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re-re- entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.

Remedies Upon Tenant's Default. 19th: If there should occur any default on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the LandlordLandlord , in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate processmay, without being liable for prosecution therefor, or for damages, re-enter the said premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, re-let the premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.month.[SEE ADDENDUM A-35] TERMINATION ON DEFAULT

Remedies Upon Tenant's Default. If there should occur any default on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwiseevicted, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate processforce or otherwise, without being liable for prosecution therefor, or for damages, re-enter enter, possess and enjoy the said premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, premises. The Landlord may then re-let the premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as a may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.

Remedies Upon Tenant's Default. If there should occur (i) any default on the part of the Tenant in the performance of any conditions and covenants herein containedcontained and Tenant does not cure such default by the end of the cure period allowable under Section 17, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or (ii) should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate processforce or otherwise, without prior notice to the Tenant and without being liable for prosecution therefor, or for damagesdamages therefore, re-enter the said Premises, cause the Premises to be redecorated, altered, divided, consolidated with other adjoining premises and the same have (if any) and again possess and enjoyenjoy the same; and as agent for the Tenant or otherwise, re-let the premises Premises and receive the rents therefor therefrom and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as that the Landlord may have been put to incurred in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference differences between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; , the same to be paid as such deficiencies arise and are ascertained each month.

Remedies Upon Tenant's Default. If there should occur any default on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term Term hereof the premises Premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwiseevicted, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate processforce or otherwise, without being liable for prosecution therefor, or for damages, re-enter enter, possess and enjoy the said premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, Premises. The Landlord may then re-let the premises Premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents Rents due hereunder. The Tenant shall remain liable for such rents Rents as may be in arrears and also the rents Rents as may accrue subsequent to the re-entry by the Landlord, Landlord to the extent of the difference between the rents Rents reserved hereunder and the rentsRents, if any, received by the Landlord during the remainder of the unexpired term Term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.

Remedies Upon Tenant's Default. If there should occur any default on the part of the Tenant in the performance of any conditions and covenants herein containedcontained including, without limitation, the payment of Rent when due, or if during the term Term hereof the premises Demised Premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate processforce or otherwise, without being liable for prosecution therefor, therefor or for damages, re-enter the said premises Demised Premises and the same have and again possess and enjoyenjoy the same; and as agent for the Tenant or otherwise, re-let the premises Demised Premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to incurred in the re-entering and repossessing of the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents Rent due hereunder. The Tenant shall remain liable for such rents Rent as may be in arrears and also the rents Rent as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents Rent reserved hereunder and the rentsRent, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.. Landlord shall have the right to elect to terminate the Term by giving notice of such election, and the effective date thereof, to Tenant and to receive Termination Damages, defined as the amount which, at the time of actual payment thereof to Landlord, is the sum of:

Remedies Upon Tenant's Default. 26.1 If there should occur any default of the following defaults (“Event of Default”) on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during which are not cured within ten (10) days written notice, provided the term hereof the premises or any part thereof ten (10) day period shall be or become abandoned or desertedextended as reasonably required to permit cure, vacated or vacantin the event (a) the default does not involve the payment of money to Landlord and (b) Tenant is diligently pursuing a cure, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate process, without being liable for prosecution therefor, or for damages, re-enter the said premises Leased Premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, re-let relet the premises Leased Premises and receive the rents therefor therefrom and apply the same, first first, to the payment of such expenses, reasonable attorney attorneys’ fees and costs, as the Landlord may have been put to in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second and, second, to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and an costs; the same to be paid as such deficiencies arise and are ascertained each month.

Remedies Upon Tenant's Default. If there should occur any default on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term hereof the premises Leased Premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate processforce or otherwise, without being liable for prosecution therefor, or for damages, re-enter the said premises Leased Premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, re-let the premises Leased Premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved reserved, hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.

Remedies Upon Tenant's Default. If there should occur any default an ------------------------------ Event of Default on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by lawlaw other than reimbursement as per Section 20 which will preclude repossession as provided in this Section 22, may either by appropriate process, without being liable for prosecution therefor, or for damages, re-enter the said premises and the same have and again possess and enjoy; Space for Landlord's benefit, and as agent for the Tenant or otherwise, re-let relet the premises Space and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as costs and the Landlord may have been put to in re-entering and repossessing the same Space and in making such repairs and alterations as may be necessary; , and second to the payment of the rents such Rent due hereunder. The Tenant shall remain liable for such rents Rent as may be in arrears and also the rents Rent as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents Rent reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; , the same to be paid as such deficiencies arise and are ascertained each month.

Remedies Upon Tenant's Default. If there should occur any default Event of Default on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, Tenant; the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either terminate this Lease or re-enter the Premises as agent for the Tenant, by appropriate processjudicial remedy, without being liable for prosecution therefor, or for damages, re-enter and all rights of Tenant under this Lease to possess the said premises and Premises shall cease. In all cases, the same have and again possess and enjoy; and Tenant's obligation to pay all rent shall continue. Landlord, as agent for the Tenant or otherwise, may re-let the premises Premises and receive the rents therefor and apply the same, first to the payment of such expenses, realtor commissions, reasonable attorney fees and costs, as the Landlord may have been put to incurred in (1) re-entering and repossessing the same and same, (2) in making such repairs and alterations as may be necessarynecessary and (3) in re-letting the Premises; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, commissions, fees and costs; . The Landlord at its option may require the same Tenant to be paid as pay such deficiencies as they arise and are ascertained each month, or may hold Tenant in advance for a sum equal to the Landlord's reasonable protection of the entire deficiency resulting from such reletting. Tenant shall not be entitled to any surplus accruing as a result of the reletting. Landlord hereby waives any lien, statutory lien or right to distrain that may exist; on all personal property of Tenant in or upon the Premises, including without limitation, furniture, fixtures (including trade fixtures) and merchandise of Tenant. No waiver by Landlord of any such breach, violation or default by Tenant shall constitute or be construed as a waiver of any other such breach, violation or default, nor shall lapse of time after such breach, violation or default by Tenant before Landlord shall exercise any right with respect thereto operate to defeat or adversely affect the rights of Landlord. Landlord shall make its best efforts to mitigate damages, consistent with the tenor of the Shopping Center. If Landlord or Tenant commences litigation to enforce their rights under this Lease, the prevailing party shall be entitled to reasonable attorneys fees as part of its damage award.

Remedies Upon Tenant's Default. If there should occur any default on the part of the Tenant in the performance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwiseevicted, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by appropriate processforce or otherwise, without being liable for prosecution therefor, or for damages, re-enter re- enter, possess and enjoy the said premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, re-let premises. The Landlord may then re4et the premises and receive the rents therefor and apply the same, first to the payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re-entering and repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are ascertained each month.