Common use of Take Possession Clause in Contracts

Take Possession. In the event that Landlord shall elect to reenter upon default by Tenant as provided above or shall take possession of the Premises pursuant to legal proceedings or pursuant to any notice by law, then, if Landlord does not elect to terminate, this Lease as provided herein, Landlord may from time to time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Landlord shall also have the right to make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied: (i) to the payment of any indebtedness other than Monthly Rent due hereunder from Tenant to Landlord; (ii) to the payment of any cost of such reletting; (iii) to the payment of the cost of any alterations and repairs to the Premises; (iv) to the payment of Monthly Rent due and unpaid hereunder; and (v) the residue, if any, shall be held by Landlord and applied in payment of future Monthly Rent as the same may become due and payable hereunder. Should reletting result in the actual payment of rentals at less than the Monthly Rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord from time to time immediately upon demand therefore by Landlord. Tenant also shall pay to Landlord, on demand, as soon as ascertained, any costs and expenses incurred by Landlord in reletting or in making alterations and repairs to the Premises.

Appears in 3 contracts

Samples: Attornment and Non Disturbance Agreement (Optimer Pharmaceuticals Inc), Attornment and Non Disturbance Agreement (Optimer Pharmaceuticals Inc), Building Lease Sorrento Research Facility (Alexion Pharmaceuticals Inc)

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Take Possession. In Without terminating the event that Landlord shall elect to reenter upon default by Tenant as provided above or shall Lease, re-enter and take possession of the Premises and remove all persons and property therefrom (such property as may be removed may be disposed of by Landlord at Tenant’s expense) in accordance with all applicable laws. Should Landlord elect to re-enter, as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law, then, if Landlord does not elect to terminate, law or by this Lease as provided hereinLease, Landlord may either (i) cancel this Lease pursuant to the rights reserved elsewhere in this Lease, or (ii) from time to time, without terminating canceling this Lease, make such alterations and repairs as may be reasonably necessary in order to relet the Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such commercially reasonable rental or rentals and upon such other commercially reasonable terms and conditions as Landlord in its sole discretion may deem advisable. Landlord shall also have the right to make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then Upon each such reletting all rentals received by Landlord from such reletting shall be applied: (i) applied first, to the payment of any indebtedness other than Monthly Rent due hereunder from Tenant to Landlord; (ii) , second, to the payment of any cost commercially reasonable costs and expenses of such reletting; (iii) , including brokerage fees and reasonable attorneys’ fees, third, to the payment of the cost costs of any alterations and repairs reasonably necessary to relet the Premises; (iv) , fourth, to the payment of Monthly Rent due and unpaid hereunder; , and (v) the residue, if any, shall be held by Landlord and applied in payment of future Monthly Rent or damage as the same such amounts may become due and payable hereunderhereunder during the entire term of the Lease. Should If such rentals received from such reletting result in the actual payment of rentals at during any month be less than the Monthly Rent payable rental required to be paid during that month by Tenant hereunder, then Tenant shall pay any such deficiency to Landlord from time to time immediately upon demand therefore by Landlord. Tenant also shall pay to Landlord, on demand, as soon as ascertained, any costs and expenses incurred No such re-entry or taking possession of the Premises by Landlord in shall be construed as an election on its part to cancel this Lease unless a notice of such intention is given to Tenant or unless the cancellation thereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting or in making alterations and repairs without termination, Landlord may at any time thereafter elect to the Premisescancel this Lease for such previous Event of Default.

Appears in 1 contract

Samples: Lease Agreement (American Realty Capital Trust IV, Inc.)

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Take Possession. In the event that Landlord shall elect to reenter upon default by Tenant as provided above or shall take possession of the Premises pursuant to legal proceedings or pursuant to any notice by law, then, if Landlord does not elect to terminate, this Lease as provided herein, Landlord may from time to time, without terminating this Lease, relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Landlord shall also have the right to make alterations and repairs to the Premises. In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied: (i) to the payment of any indebtedness other than Monthly Rent due hereunder from Tenant to Landlord; (ii) to the payment of any cost of such reletting; (iii) to the payment of the cost of any repairs and reasonable alterations and repairs to the Premises; (iv) to the payment of Monthly Rent due and unpaid hereunder; and (v) the residue, if any, shall be held by Landlord and applied in payment of future Monthly Rent as the same may become due and payable hereunder. Should reletting result in the actual payment of rentals at less than the Monthly Rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord from time to time immediately upon demand therefore by Landlord. Tenant also shall pay to Landlord, on demand, as soon as ascertained, any costs and expenses incurred by Landlord in reletting or in making alterations and repairs to the Premises.

Appears in 1 contract

Samples: Building Lease (Genstar Therapeutics Corp)

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