Common use of Tenants Default and Landlords Remedies Clause in Contracts

Tenants Default and Landlords Remedies. This Lease is made on condition that if Tenant should neglect or fail to pay the rent due hereunder within ten (10) days after receipt by Tenant of notice from Municipality of such nonpayment, or if the Tenant shall neglect or fail to perform or observe any of the other terms, provisions, conditions or covenants herein contained and on the Tenant’s part to be performed or observed for a period of thirty (30) days after receipt by the Tenant of notice of such neglect or failure; provided that Tenant shall have such extended period as may be required beyond thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and Tenant commences the cure within the initial thirty (30) day period and thereafter continuously and diligently pursues the cure to completion,, or if any assignment shall be made of the Tenant’s property for the benefit of creditors, or if a receiver, trustee in bankruptcy or similar officer shall be appointed to take charge of all or any part of the Tenant’s property by a Court of competent jurisdiction, or if a petition is filed by the Tenant under any bankruptcy laws for relief or composition of its debts, or if the Tenant is declared bankrupt then, and in any of said cases, the Municipality lawfully may immediately or at any time thereafter and without demand or notice enter upon the Premises or any part thereof in the name of the whole and repossess the same, including all equipment and trade fixtures therein and/or annexed thereto, as of the Municipality’s former estate and expel the Tenant and those claiming through or under the Tenant and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or proceeding breach of covenants, and upon such entry, may terminate this Lease; and the Tenant covenants in case of such termination to pay and be liable for, on the days originally fixed for the payment thereof, amounts equal to the several installments of rent and other charges reserved as would under the terms of this Lease become due for the remainder of the then current term if this Lease had not been terminated or if Municipality had not entered or reentered as aforesaid, and the Tenant covenants to pay and be liable for all losses and damages suffered by reason of such termination, including, but not limited to, the reasonable documented costs of legal counsel retained by the Municipality and all reasonable documented expenses of the Municipality for enforcement hereunder. In addition to all other legal and equitable, remedies, Landlord shall have the right to remove equipment/structures at Tenant’s expense, and the right to declare equipment/structures abandoned and take ownership thereof, all without liability to Landlord. Landlord shall also have the right to declare any surety forfeited and to apply same to any reasonable documented expenses Landlord incurs on account of Tenant’s default.

Tenants Default and Landlords Remedies. This Lease is made on condition that if In the event Tenant should neglect or fail fails to pay the rent due hereunder within ten (10) days after receipt by Tenant of notice from Municipality of such nonpayment, or if the Tenant shall neglect or fail to keep and perform or observe any of the other termsterms or conditions of this Lease, provisionsincluding the Rules and Regulations and the Parking Rules and Regulations (but excluding the payment of rental), conditions or covenants herein contained and on the Tenant’s part to be performed or observed such failure continues for a period of thirty (30) days after receipt written notice of default from Landlord or in the event Tenant fails to pay any rental due hereunder, time being of the essence, Landlord may resort to any and all legal remedies or combination of remedies which Landlord may desire to assert including but not limited to one or more of the following: (1) lock the doors to the Premises and exclude Tenant therefrom, (2) retain or take possession of any property on the Premises pursuant to Landlord’s lien, ( 3) enter the Premises and remove all persons and property therefrom, (4) declare the Lease canceled and terminated, (5) sxx for the rent due and to become due under the Lease, and for any damages sustained by Landlord and (6) continue the Lease in effect and relet the Premises on such terms and conditions as Landlord may deem advisable with Tenant remaining liable for the monthly rent plus she reasonable cost of obtaining possession of the Premises and of reletting the Premises, and of any repairs and alterations necessary to prepare the Premises for reletting, less the rentals received from such reletting, if any. No action of Landlord shall be construed as an election to terminate the Lease unless written notice of such neglect or failure; provided that intention be given to Tenant. Tenant shall have such extended period as may be required beyond thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and Tenant commences the cure within the initial thirty (30) day period and thereafter continuously and diligently pursues the cure to completion,, or if any assignment shall be made of the Tenant’s property for the benefit of creditors, or if a receiver, trustee in bankruptcy or similar officer shall be appointed to take charge of all or any part of the Tenant’s property by a Court of competent jurisdiction, or if a petition is filed by the Tenant under any bankruptcy laws for relief or composition of its debts, or if the Tenant is declared bankrupt then, and in any of said cases, the Municipality lawfully may immediately or at any time thereafter and without demand or notice enter upon the Premises or any part thereof in the name of the whole and repossess the same, including all equipment and trade fixtures therein and/or annexed thereto, as of the Municipality’s former estate and expel the Tenant and those claiming through or under the Tenant and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or proceeding breach of covenants, and upon such entry, may terminate this Lease; and the Tenant covenants in case of such termination agrees to pay and be liable for, on the days originally fixed for the payment thereof, amounts equal to the several installments of rent as additional rental all attorneys’ fees and other charges reserved as would under the terms of this Lease become due for the remainder of the then current term if this Lease had not been terminated or if Municipality had not entered or reentered as aforesaid, costs and the Tenant covenants to pay and be liable for all losses and damages suffered expenses incurred by reason of such termination, including, but not limited to, the reasonable documented costs of legal counsel retained by the Municipality and all reasonable documented expenses of the Municipality for enforcement hereunder. In addition to all other legal and equitable, remedies, Landlord shall have the right to remove equipment/structures at Tenant’s expense, and the right to declare equipment/structures abandoned and take ownership thereof, all without liability to Landlord. Landlord shall also have the right to declare is enforcing any surety forfeited and to apply same to any reasonable documented expenses Landlord incurs on account of Tenant’s defaultobligations under this Lease.

Tenants Default and Landlords Remedies. This Lease is made on condition that if In the event Tenant should neglect or fail fails to pay the rent due hereunder within ten (10) days after receipt by Tenant of notice from Municipality of such nonpayment, or if the Tenant shall neglect or fail to keep and perform or observe any of the other termsterms or conditions of this Lease, provisionsincluding the Rules and Regulations and the Parking Rules and Regulations (but excluding the payment of rental), conditions or covenants herein contained and on the Tenant’s part to be performed or observed such failure continues for a period of thirty (30) days after receipt written notice of default from Landlord or in the event Tenant fails to pay any rental due hereunder, time being of the essence, Landlord may resort to any and all legal remedies or combination of remedies which Landlord may desire to assert including but not limited to one or more of the following: (l) lock the doors to the Premises and exclude Tenant therefrom, (2) retain or take possession of any property on the Premises pursuant to Landlord’s lien, (3) enter the Premises and remove all persons and property therefrom, (4) declare the Lease canceled and terminated, (5) sxx for the rent due and to become due under the Lease, and for any damages sustained by Landlord and (6) continue the Lease in effect and relet the Premises on such terms and conditions as Landlord may deem advisable with Tenant remaining liable for the monthly rent plus the reasonable cost of obtaining possession of the Premises and of reletting the Premises, and of any repairs and alterations necessary to prepare the Premises for reletting, less the rentals received from such reletting, if any. No action of Landlord shall be construed as an election to terminate the Lease unless written notice of such neglect or failure; provided that intention be given to Tenant. Tenant shall have such extended period as may be required beyond thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and Tenant commences the cure within the initial thirty (30) day period and thereafter continuously and diligently pursues the cure to completion,, or if any assignment shall be made of the Tenant’s property for the benefit of creditors, or if a receiver, trustee in bankruptcy or similar officer shall be appointed to take charge of all or any part of the Tenant’s property by a Court of competent jurisdiction, or if a petition is filed by the Tenant under any bankruptcy laws for relief or composition of its debts, or if the Tenant is declared bankrupt then, and in any of said cases, the Municipality lawfully may immediately or at any time thereafter and without demand or notice enter upon the Premises or any part thereof in the name of the whole and repossess the same, including all equipment and trade fixtures therein and/or annexed thereto, as of the Municipality’s former estate and expel the Tenant and those claiming through or under the Tenant and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or proceeding breach of covenants, and upon such entry, may terminate this Lease; and the Tenant covenants in case of such termination agrees to pay and be liable for, on the days originally fixed for the payment thereof, amounts equal to the several installments of rent as additional rental all attorneys’ fees and other charges reserved as would under the terms of this Lease become due for the remainder of the then current term if this Lease had not been terminated or if Municipality had not entered or reentered as aforesaid, costs and the Tenant covenants to pay and be liable for all losses and damages suffered expenses incurred by reason of such termination, including, but not limited to, the reasonable documented costs of legal counsel retained by the Municipality and all reasonable documented expenses of the Municipality for enforcement hereunder. In addition to all other legal and equitable, remedies, Landlord shall have the right to remove equipment/structures at Tenant’s expense, and the right to declare equipment/structures abandoned and take ownership thereof, all without liability to Landlord. Landlord shall also have the right to declare is enforcing any surety forfeited and to apply same to any reasonable documented expenses Landlord incurs on account of Tenant’s defaultobligations under this Lease.

Tenants Default and Landlords Remedies. This Lease is made on condition that 29.1 The following shall constitute a default by Tenant under this Lease: (a) if Tenant should neglect or fail fails to pay any installment of the Minimum Monthly Rent or additional rent due hereunder herein provided or any other sum required by this Lease to be paid to Landlord, or any part thereof, within ten (10) days after receipt by of the time or in the manner provided; or (b) if Tenant of notice from Municipality of such nonpayment, or if the Tenant shall neglect or fail fails to perform any other covenants or observe any of the other terms, provisions, conditions or covenants herein contained and on the Tenant’s part obligations to be performed or observed by Tenant under this Lease and such failure shall continue for a period of thirty ten (3010) days after receipt notice thereof from Landlord to Tenant; or (c) if a petition or proceeding under the Federal Bankruptcy Act or any other applicable state or federal law relating to bankruptcy or reorganization or other relief for debtors is filed or commenced by the or against Tenant or any guarantor of notice of such neglect or failure; provided that Tenant this Lease, and if against Tenant, said proceedings shall have such extended period as may not be required beyond thirty dismissed within ten (3010) days following commencement thereof; or (d) if the nature Tenant or any guarantor of the cure this Lease is such that it reasonably requires more than thirty (30) days and Tenant commences the cure within the initial thirty (30) day period and thereafter continuously and diligently pursues the cure to completion,adjudged insolvent, or if any makes an assignment shall be made of the Tenant’s property for the benefit of its creditors or enters into an arrangement with its creditors, ; or (e) if a receiver, trustee writ of attachment or execution is levied on the leasehold estate hereby created and is not released or satisfied within ten (10) days thereafter; or (f) if a receiver is appointed in bankruptcy any proceeding or similar officer shall be appointed action to which Tenant is a party with authority to take charge possession or control of all or any part of the Tenant’s property by a Court of competent jurisdiction, or if a petition is filed by the Tenant under any bankruptcy laws for relief or composition of its debts, or if the Tenant is declared bankrupt then, and in any of said cases, the Municipality lawfully may immediately or at any time thereafter and without demand or notice enter upon the Premises or any part thereof in the name of business conducted thereon by Tenant or the whole and repossess the same, including all equipment and trade fixtures therein and/or annexed thereto, as of the Municipality’s former estate and expel the Tenant and those claiming through or under the Tenant and remove its effects, forcibly if necessary, without being deemed guilty property of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or proceeding breach of covenants, and upon such entry, may terminate this Lease; and the Tenant covenants in case of such termination to pay and be liable for, on the days originally fixed for the payment thereof, amounts equal to the several installments of rent and other charges reserved as would under the terms guarantor of this Lease become due for and such receiver is not discharged within a period of ten (10) days after his appointment; or (g) if Tenant abandons or vacates the remainder Premises (abandonment shall be presumed if the Premises are not occupied by at least two (2) employees of the then current term if this Lease had not been terminated or if Municipality had not entered or reentered as aforesaidTenant four (4) days a week, and the Tenant covenants to pay and be liable for all losses and damages suffered by reason of such termination, including, but not limited to, the reasonable documented costs of legal counsel retained by the Municipality and all reasonable documented expenses of the Municipality for enforcement hereunder. In addition to all other legal and equitable, remedies, Landlord shall have the right to remove equipment/structures at Tenant’s expense, and the right to declare equipment/structures abandoned and take ownership thereof, all without liability to Landlord. Landlord shall also have the right to declare any surety forfeited and to apply same to any reasonable documented expenses Landlord incurs on account of Tenant’s defaultsix (6) hours a day).

Tenants Default and Landlords Remedies. This Lease is made on condition that 29.1 The following shall constitute a default by Tenant under this Lease: (a) if Tenant should neglect or fail fails to pay any installment of the rent due hereunder Minimum Monthly Rent within ten (10) days after receipt written notice that the same is past due or, if Landlord has previously provided notice two (2) times in such sixty (60) month period during the Term (or any additional sixty (60) month period during a Renewal Term, if any), when such amounts are due; or (b) if Tenant fails to pay any installment of Additional Rent herein provided or any other sum required by this Lease to be paid to Landlord, or any part thereof, within ten (10) days of written notice that the same is past due or, if Landlord has previously provided such notice two (2) times in such sixty (60) month period, when such amounts are due; or (c) if Tenant fails to perform any other covenants or obligations to be performed by Tenant of under this Lease and such failure shall continue for ten (10) days after notice thereof from Municipality of such nonpaymentLandlord to Tenant, or if the Tenant such failure shall neglect or fail to perform or observe any of the other terms, provisions, conditions or covenants herein contained and on the Tenant’s part to be performed or observed continue for a period of thirty (30) days after receipt notice thereof from Landlord to Tenant if such default cannot reasonably be cured within ten (10) days; or (d) if a petition or proceeding under the Federal Bankruptcy Act or any other applicable state or federal law relating to bankruptcy or reorganization or other relief for debtors is filed or commenced by the or against Tenant or any guarantor of notice of such neglect or failure; provided that Tenant this Lease, and if against Tenant, said proceedings shall have such extended period as may not be required beyond thirty dismissed within twenty (3020) days following commencement thereof; or (e) if the nature Tenant or any guarantor of the cure this Lease is such that it reasonably requires more than thirty (30) days and Tenant commences the cure within the initial thirty (30) day period and thereafter continuously and diligently pursues the cure to completion,adjudged insolvent, or if any makes an assignment shall be made of the Tenant’s property for the benefit of its creditors or enters into an arrangement with its creditors, ; or (f) if a receiver, trustee writ of attachment or execution is levied on the leasehold estate hereby created and is not released or satisfied within twenty (20) days thereafter; or (g) if a receiver is appointed in bankruptcy any proceeding or similar officer shall be appointed action to which Tenant is a party with authority to take charge possession or control of all or any part of the Tenant’s property by a Court of competent jurisdiction, or if a petition is filed by the Tenant under any bankruptcy laws for relief or composition of its debts, or if the Tenant is declared bankrupt then, and in any of said cases, the Municipality lawfully may immediately or at any time thereafter and without demand or notice enter upon the Premises or any part thereof in the name of business conducted thereon by Tenant or the whole and repossess the same, including all equipment and trade fixtures therein and/or annexed thereto, as of the Municipality’s former estate and expel the Tenant and those claiming through or under the Tenant and remove its effects, forcibly if necessary, without being deemed guilty property of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or proceeding breach of covenants, and upon such entry, may terminate this Lease; and the Tenant covenants in case of such termination to pay and be liable for, on the days originally fixed for the payment thereof, amounts equal to the several installments of rent and other charges reserved as would under the terms guarantor of this Lease become due for the remainder and such receiver is not discharged within a period of the then current term if this Lease had not been terminated or if Municipality had not entered or reentered as aforesaid, and the Tenant covenants to pay and be liable for all losses and damages suffered by reason of such termination, including, but not limited to, the reasonable documented costs of legal counsel retained by the Municipality and all reasonable documented expenses of the Municipality for enforcement hereunder. In addition to all other legal and equitable, remedies, Landlord shall have the right to remove equipment/structures at Tenant’s expense, and the right to declare equipment/structures abandoned and take ownership thereof, all without liability to Landlord. Landlord shall also have the right to declare any surety forfeited and to apply same to any reasonable documented expenses Landlord incurs on account of Tenant’s defaulttwenty (20) days after his appointment.

Tenants Default and Landlords Remedies. This Lease is made on condition that The following shall be considered a default by Tenant: if Tenant should neglect (a) any installment of Rent, Additional Rent, or fail to pay the rent any other charge due hereunder within remains unpaid for more than ten (10) days after receipt by Tenant of written notice from Municipality of such nonpayment, Landlord; or if the (b) Tenant shall neglect or fail fails to keep and perform or observe any of the other terms, provisions, covenants or conditions or covenants herein contained and on the Tenant’s part of this Lease to be kept and performed or observed by it and such failure continues for a period of thirty (30) days after receipt by the Tenant of written notice of such neglect or failure; from Landlord (provided that if such cure cannot be completed within such 30-day period, Tenant shall have such extended period not be in default as may be required beyond thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and long as Tenant commences the to cure such failure within the initial thirty (such 30) -day period and thereafter continuously and diligently pursues the such cure to completion,); or (c) Tenant’s interest in the Premises is sold under execution, attachment or other legal process (other than condemnation); or (d) proceedings in bankruptcy are instituted by or against Tenant which are not dismissed within sixty (60) days after the filing (or Tenant’s receipt of such filing if any proceeding is instituted against Tenant); or (e) Tenant makes a general assignment shall be made of the Tenant’s property for the benefit of all creditors; or (f) Tenant is subjected to a receivership. Upon the occurrence of any default by Tenant under this Lease, Landlord shall have the option, at Landlord’s election, to pursue any one or if more of the following remedies: (i) Landlord may cancel and terminate this Lease and dispossess Tenant;(ii) Landlord may elect to enter and repossess the Premises (whether or not Landlord has terminated the Lease) and take complete and peaceful possession of the Premises, remove all persons and all furniture, fixtures, equipment and other personal property located at the Premises owned or leased by Tenant (“Tenant’s Property”), by force or otherwise, without being liable in damages, in which event Tenant shall peacefully and quietly yield up and surrender the Premises; (iii) relet the Premises for Tenant’s account, holding Tenant liable in damages (for which Landlord may file a receiverlawsuit monthly or from time to time to recover) any Base Rent, trustee Additional Rent or other amounts required to be paid as they become due under this Lease, all expenses incurred in bankruptcy any such reletting and for any difference between the amount of Rent received from such reletting and any and all amounts due and payable under the terms of this Lease); or similar officer (vi) in the event of a default under (d), (e) or (f) of this Section 22, Landlord shall be appointed entitled to take charge accelerate all Base Rent and Additional Rent due hereunder (which Additional Rent shall be deemed to be for purposes of all or any part acceleration hereunder a monthly amount equal to the average monthly amount of the Tenant’s property Additional Rent paid hereunder prior to such breach), which accelerated amount shall be due and payable upon demand by a Court of competent jurisdiction, or if a petition is filed by the Tenant under any bankruptcy laws for relief or composition of its debts, or if the Tenant is declared bankrupt then, Landlord; and in any of said cases, the Municipality lawfully (v) Landlord may immediately or at any time thereafter and without demand or notice enter upon the Premises or any part thereof in the name of the whole and repossess the same, including all equipment and trade fixtures therein and/or annexed thereto, as of the Municipality’s former estate and expel the do whatever Tenant and those claiming through or under the Tenant and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice is obligated to any remedies which might otherwise be used for arrears of rent or proceeding breach of covenants, and upon such entry, may terminate this Lease; and the Tenant covenants in case of such termination to pay and be liable for, on the days originally fixed for the payment thereof, amounts equal to the several installments of rent and other charges reserved as would do under the terms of this Lease become due and Tenant shall reimburse Landlord on written demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations under this Lease together with interest on such amounts expended at the Rate from the date the expenses are incurred through the date repaid, and Landlord shall not be liable for any damages resulting to Tenant from such action. All the remedies of Landlord upon the occurrence of a default by Tenant shall be cumulative, and, in addition, Landlord may also pursue any other remedies permitted under this Lease, by law or in equity. Forbearance by Landlord to enforce one or more of the remedies upon any default by Tenant, shall not constitute a waiver of such default. The failure of Landlord to insist at any time upon the strict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the remainder future. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly installment of Rent, Additional Rent or other amount due under this Lease shall be deemed to be other than on account of the then current term earliest Rent, Additional Rent or other amount due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent, Additional Rent or other amount due be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such Rent, Additional Rent or other amount due or pursue any other remedy provided in this Lease. In the event of default, Landlord shall use good faith efforts to mitigate damages caused by the default. Notwithstanding any other provision herein concerning cure periods, Landlord may cure any default for the account of Tenant after such notice to Tenant, if this Lease had not been terminated any, as is reasonable under the circumstances (including telephone notice) if the curing of such default prior to the expiration of the applicable cure period is reasonably necessary to prevent likely damage to the Premises or if Municipality had not entered other improvements or reentered as aforesaidpossible injury to persons, or to protect Landlord’s interest in its property or the Premises, and the Tenant covenants to pay reimbursement and be liable for all losses and damages suffered by reason of such termination, including, but not limited to, the reasonable documented costs of legal counsel retained by the Municipality and all reasonable documented expenses administrative change provisions of the Municipality for enforcement hereunder. In addition to all other legal and equitable, remedies, Landlord immediately preceding sentence shall have the right to remove equipment/structures at Tenant’s expense, and the right to declare equipment/structures abandoned and take ownership thereof, all without liability to Landlord. Landlord shall also have the right to declare any surety forfeited and to apply same to any reasonable documented expenses Landlord incurs on account of Tenant’s defaultapply.