Common use of Tenant's Right to Possession Not Terminated Clause in Contracts

Tenant's Right to Possession Not Terminated. Landlord can continue this lease in full force and effect, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premises. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 9 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Tenant's Right to Possession Not Terminated. Landlord can continue this lease in full force and effect, and the lease will continue in effect as long as Landlord does not terminate TenantXxxxxx's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premises. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After TenantXxxxxx's default and for as long as Landlord does not terminate TenantXxxxxx's right to possession of the premises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 7 contracts

Samples: Land Lease Agreement, Lease Agreement, Lease Agreement

Tenant's Right to Possession Not Terminated. Landlord can continue this lease in full force and effect, and the lease will continue in effect as long as Landlord does not terminate TenantXxxxxx's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After TenantXxxxxx's default and for as long as Landlord does not terminate TenantXxxxxx's right to possession of the premisesPremises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liability. If Landlord elects to relet the premises Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease Lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Leased Premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all reasonable costs Landlord incurs in reletting re-letting the premisesLeased Premises, including, without limitation, broker's commissions, expenses of remodeling the Leased Premises required by the reletting, and like costs. Reletting Re-letting can be for a period shorter or longer than the remaining term of this leaseLease. Tenant shall pay to Landlord the rent due under this lease Lease on the dates the rent is due, less the rent Landlord receives from any relettingre-letting. No act by Landlord allowed by this paragraph shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premisesLeased Premises, if Tenant obtains Landlord's consent, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects Landlord's consent to relet the premises as provided in this paragraph, rent that Landlord receives from reletting a proposed assignment or subletting shall not be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphunreasonably withheld.

Appears in 3 contracts

Samples: Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc)

Tenant's Right to Possession Not Terminated. Landlord can Port has the remedy described in Section 1951.4 of the California Civil Code (a landlord may continue the lease in effect after a tenant's breach and abandonment and recover rent as it becomes due, if the tenant has the right to sublet and assign subject only to reasonable limitations) under which it may continue this lease Lease in full force and effecteffect and Port may enforce all of its rights and remedies under this Lease, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have including the right to collect rent Rent when due. During the period Tenant is in default, Landlord can Port may enter the premises Premises without terminating this Lease and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord Port for all reasonable costs Landlord Port incurs in reletting the premisesPremises, including, but not limited to, broker's commissions, expenses of remodeling the Premises required by the reletting and like costs. Reletting can be for a period shorter or longer than the remaining term of this leaseTerm, at such rents and on such other terms and conditions as Port deems advisable. Tenant shall pay to Landlord Port the rent Rent due under this lease Lease on the dates the rent Rent is due, less the rent Landlord Rent Port receives from any reletting. In the event that Port shall elect to so relet, then rentals received by Port from such reletting shall be applied in the following order: (i) to reasonable attorneys' fees incurred by Port as a result of a default and costs in the event suit is filed by Port to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Port; (iii) to the payment of any costs of maintaining, preserving, altering, repairing and preparing the Premises for reletting, the other costs of reletting, including but not limited to brokers' commissions, attorneys' fees and expenses of removal of Tenant's Personal Property, trade fixtures and Alterations; (iv) to the payment of Rent due and unpaid hereunder; (v) to the payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder; and (vi) the balance, if any, shall be paid to Tenant upon (but not before) expiration of the Term. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Port. Such deficiency shall be calculated and paid monthly. No act by Landlord Port allowed by this paragraph Section 22.1 shall terminate this lease Lease unless Landlord Port notifies Tenant that Landlord Port elects to terminate this leaseLease. After Tenant's default and for as long as Landlord Port does not terminate Tenant's right to possession of the premisesPremises, if Tenant obtains Port's consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Tenant's Right to Possession Not Terminated. Landlord can Port has the remedy described in Section 1951.4 of the California Civil Code (a landlord may continue the lease in effect after a tenant's breach and abandonment and recover rent as it becomes due, if the tenant has the right to sublet and assign subject only to reasonable limitations) under which it may continue this lease Lease in full force and effecteffect and Port may enforce all of its rights and remedies under this Lease, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have including the right to collect rent Rent when due. During the period Tenant is in default, Landlord can Port may enter the premises Premises without terminating this Lease and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord Port for all reasonable costs Landlord Port incurs in reletting the premisesPremises, including, but not limited to, broker's commissions, expenses of remodeling the Premises required by the reletting and like costs. Reletting can be for a period shorter or longer than the remaining term of this leaseTerm, at such rents and on such other terms and conditions as Port deems advisable. Tenant shall pay to Landlord Port the rent Rent due under this lease Lease on the dates the rent Rent is due, less the rent Landlord Rent Port receives from any reletting. In the event that Port shall elect to so relet, then rentals received by Port from such reletting shall be applied in the following order: (i) to reasonable attorneys' fees incurred by Port as a result of a default and costs in the event suit is filed by Port to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Port; (iii) to the payment of any costs of maintaining, preserving, altering, repairing and preparing the Premises for reletting, the other costs of reletting, including but not limited to brokers' commissions, attorneys' fees and expenses of removal of Tenant's Property, trade fixtures and Alterations; (iv) to the payment of Rent due and unpaid hereunder; (v) to the payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder; and (vi) the balance, if any, shall be paid to Tenant upon (but not before) expiration of the Term. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Port. Such deficiency shall be calculated and paid monthly. No act by Landlord Port allowed by this paragraph Section 25.1 shall terminate this lease Lease unless Landlord Port notifies Tenant that Landlord Port elects to terminate this leaseLease. After Tenant's default and for as long as Landlord Port does not terminate Tenant's right to possession of the premisesPremises, if Tenant obtains Port's consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease Lease will continue in effect as long as Landlord does not terminate Tenant's ’s right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Leased Premises and relet themit, or any part of themit, to third parties for Tenant's ’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesLeased Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Leased Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this leaseLease. Tenant shall pay to Landlord the rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph Section shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's ’s default and for as long as Landlord does not terminate Tenant's ’s right to possession of the premisesLeased Premises, if Tenant obtains Landlord’s consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. Landlord’s consent to a proposed assignment or subletting shall not be unreasonably withheld. If Landlord elects to relet the premises Leased Premises as provided in this paragraphSection, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.:

Appears in 2 contracts

Samples: Option to Lease (Zenlabs Holdings Inc), Lease With Purchase Option (Zenlabs Holdings Inc)

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease this Lease will continue in effect as long as Landlord does not terminate Tenant's ’s right to possession, and Landlord shall have the right to collect rent Rent when due. During the period Tenant is in defaultDefault, Landlord can enter the premises Premises and relet themthe Premises, or any part of themportion thereof, to third parties for Tenant's ’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises, including, without limitation, broker’s commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this leaseLease Term. Tenant shall pay to Landlord the rent all Rent due under this lease Lease on the dates the rent such Rent is due, less the rent Rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph Section 13.02(a) shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's default ’s Default and for as so long as Landlord does not terminate Tenant's ’s right to possession of the premisesPremises, Tenant subject only to reasonable limitations, Landlord shall have the right to assign or sublet its Tenant’s interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphliability hereunder.

Appears in 1 contract

Samples: Industrial Building Lease (Real Good Food Company, Inc.)

Tenant's Right to Possession Not Terminated. Landlord COUNTY can continue this lease in full force and effect, and the lease will continue in effect as long as Landlord COUNTY does not terminate TenantLESSEE's right to possession, and Landlord COUNTY shall have the right to collect rent when due. During the period Tenant LESSEE is in default, Landlord COUNTY can enter the premises and relet them, or any part of them, to third parties for TenantLESSEE's account. Tenant LESSEE shall be liable immediately to Landlord COUNTY for all costs Landlord COUNTY incurs in reletting the premises, including, without limitation, brokers' commissions, reasonable expenses of remodeling the premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant LESSEE shall pay to Landlord COUNTY the rent due under this lease on the dates the rent is due, less the rent Landlord COUNTY receives from any reletting. No act by Landlord COUNTY allowed by this paragraph shall terminate this lease unless Landlord COUNTY notifies Tenant LESSEE that Landlord COUNTY elects to terminate this lease. After TenantLESSEE's default and for as long as Landlord COUNTY does not terminate TenantLESSEE's right to possession of the premises, Tenant if LESSEE obtains COUNTY'S consent, LESSEE shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentlease, but Tenant LESSEE shall not be released from liability. If Landlord elects COUNTY's consent to relet the premises as provided in this paragraph, rent that Landlord receives from reletting a proposed assignment or subletting shall not be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphunreasonably withheld.

Appears in 1 contract

Samples: Lithia Motors Inc

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease Lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and . Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Premises and relet them, them or any part of them, them to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises, including, without limitation, brokers' commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term relevant Term of this leaseLease. Tenant shall pay to Landlord the rent due under this lease Lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph subparagraph shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premisesPremises, if Tenant obtains Landlord's consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. Landlord's consent to a proposed assignment or subletting under this subparagraph shall not be unreasonably withheld. If Landlord elects to relet the premises Premises as provided in this paragraphsubparagraph, rent that Landlord receives from reletting shall be applied to the payment of: firstFirst, any indebtedness from Tenant to Landlord other than rent due from Tenant; secondSecond, all costs, including for maintenance, incurred by Landlord in reletting; thirdand Third, rent due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphsubparagraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this leaseLease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this leaseLease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphsubparagraph.

Appears in 1 contract

Samples: Office Lease (Community Bancorp Inc)

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease Lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises, including, without limitation, brokers' commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this leaseLease. Tenant shall pay to Landlord the rent due under this lease Lease on the dates the rent Rent is due, less the rent Rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph Section 22.1 shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premisesPremises, if Tenant obtains Landlord's consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment ofInitials: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.________ ________

Appears in 1 contract

Samples: GigOptix, Inc.

Tenant's Right to Possession Not Terminated. Landlord can continue this lease in full force and effect, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premisesPremises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liability. If Landlord elects to relet the premises Premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 1 contract

Samples: www.cityofberkeley.info

Tenant's Right to Possession Not Terminated. Landlord can Port has the remedy described in Section 1951.4 of the California Civil Code (a landlord may continue the lease in effect after a tenant's breach and abandonment and recover rent as it becomes due, if the tenant has the right to sublet and assign subject only to reasonable limitations) under which it may continue this lease Lease in full force and effecteffect and Port may enforce all of its rights and remedies under this Lease, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have including the right to collect rent Rent when due. During the period Tenant is in default, Landlord can Port may enter the premises Premises without terminating this Lease and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord Port for all reasonable costs Landlord Port incurs in reletting the premisesPremises, including, but not limited to, broker's commissions, expenses of remodeling the Premises required by the reletting and like costs. Reletting can be for a period shorter or longer than the remaining term of this leaseTerm, at such rents and on such other terms and conditions as City deems advisable. Tenant shall pay to Landlord Port the rent Rent due under this lease Lease on the dates the rent Rent is due, less the rent Landlord Rent Port receives from any reletting. In the event that Port shall elect to so relet, then rentals received by Port from such reletting shall be applied in the following order: (i) to reasonable attorneys' fees incurred by Port as a result of a default and costs in the event suit is filed by Port to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Port; (iii) to the payment of any costs of maintaining, preserving, altering and preparing the Premises for subletting, the other costs of subletting, including but not limited to brokers' commissions, attorneys' fees and expenses of removal of Tenant's Personal Property, trade fixtures and Alterations; (iv) to the payment of Rent due and unpaid hereunder; (v) to the payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder; and (vi) the balance, if any, shall be paid to Tenant upon (but not before) expiration of the Term. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Port. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Port, as soon as ascertained, any costs and expenses incurred by Port in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting. No act by Landlord Port allowed by this paragraph Section 22.1 shall terminate this lease Lease unless Landlord Port notifies Tenant that Landlord Port elects to terminate this leaseLease. After Tenant's default and for as long as Landlord Port does not terminate Tenant's right to possession of the premisesPremises, if Tenant obtains Port's consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 1 contract

Samples: Lease Agreement

Tenant's Right to Possession Not Terminated. Landlord can has the remedy described in California Civil Code Section 1951.4, to continue this lease Lease in full force and effecteffect after Tenant's breach and abandonment and to recover rent as it becomes due, and in light of the lease will continue in effect provisions of Section 15.2 of this Lease regarding Tenant's right to sublet or assign subject to Landlords' reasonable limitations, as long as Landlord does not terminate Tenant's right to possession, and in that case Landlord shall will have the right to collect rent and enforce other obligations when due. During the period Tenant is in defaultdefault or an Event of Default has occurred and after expiration of the applicable cure period, Landlord can may enter the premises Premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall will be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises, including, without limitation, brokers' commissions, expenses of remodeling if remodeling is reasonably necessary to more promptly secure a replacement tenant in mitigation of Landlord's damages, and like costs. Reletting can be maybe for a period shorter or longer than the remaining term of this leaseLease. Tenant shall will pay to Landlord the rent and other charges due under this lease Lease on the dates date the rent is and other changes are due, less the rent Landlord receives from for any reletting. No act by Landlord allowed by this paragraph shall Section will terminate this lease Lease unless Landlord notifies Tenant in writing that Landlord expressly elects to terminate this leaseLease. After Tenant's default or an Event of Default and for as long as Landlord does not terminate Tenant's right to possession of the premisesPremises, if Tenant obtains Landlord's written consent in accordance with the provisions of Section 15.2, Tenant shall will have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease in accordance with Section 15.2, but Tenant shall will not be released from liabilityany liability hereunder. If Landlord elects to relet the premises Premises as provided in this paragraphSection, rent that Landlord receives from reletting shall will be applied to the payment of: firstFirst, any indebtedness from Tenant to Landlord other than rent and other charges due from Tenant; secondSecond, all costs, including for maintenance, incurred by Landlord in reletting; thirdThird, rent and all other charges due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphabove payments, any sum remaining from the rent Landlord receives from reletting shall will be held by Landlord and applied in payment of future rent as rent becomes and all other charges become due under this leaseLease. In no event shall will Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this leaseLease, the rent received from the reletting is less than the rent due on that the date, Tenant shall will pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred incurs in reletting that remain after applying the rent received from the reletting as provided in this paragraphSection.

Appears in 1 contract

Samples: Assignment, Assumption and Consent Agreement (FNB Bancorp/Ca/)

Tenant's Right to Possession Not Terminated. Landlord can Port has the remedy described in Section 1951.4 of the California Civil Code (a landlord may continue the lease in effect after a tenant's breach and abandonment and recover rent as it becomes due, if the tenant has the right to sublet and assign subject only to reasonable limitations) under which it may continue this lease Lease in full force and effecteffect and Port may enforce all of its rights and remedies under this Lease, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have including the right to collect rent Rent when due. During the period Tenant is in default, Landlord can Port may enter the premises Premises without terminating this Lease and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord Port for all reasonable costs Landlord Port incurs in reletting the premisesPremises, including, but not limited to, broker's commissions, expenses of remodeling the Premises required by the reletting and like costs. Reletting can be for a period shorter or longer than the remaining term Term of this leaseLease, at such rents and on such other terms and conditions as City deems advisable. Tenant shall pay to Landlord Port the rent Rent due under this lease Lease on the dates the rent Rent is due, less the rent Landlord Rent Port receives from any reletting. In the event that Port shall elect to so relet, then rentals received by Port from such reletting shall be applied in the following order: (i) to reasonable attorneys' fees incurred by Port as a result of a default and costs in the event suit is filed by Port to enforce such remedies; (ii) to the payment of any indebtedness other than Rent due hereunder from Tenant to Port; (iii) to the payment of any costs of maintaining, preserving, altering and preparing the Premises for subletting, the other costs of subletting, including but not limited to brokers' commissions, attorneys' fees and expenses of removal of Tenant's Personal Property, trade fixtures and Alterations; (iv) to the payment of Rent due and unpaid hereunder; (v) to the payment of future Rent and other sums payable by Tenant hereunder as the same may become due and payable hereunder; and (vi) the balance, if any, shall be paid to Tenant upon (but not before) expiration of the Term. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of Rent hereunder, be less than the Rent payable during the month by Tenant hereunder, then Tenant shall pay such deficiency to Port. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Port, as soon as ascertained, any costs and expenses incurred by Port in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting. No act by Landlord Port allowed by this paragraph Section 22.1 shall terminate this lease Lease unless Landlord Port notifies Tenant that Landlord Port elects to terminate this leaseLease. After Tenant's default and for as long as Landlord Port does not terminate Tenant's right to possession of the premisesPremises, if Tenant obtains Port's consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 1 contract

Samples: Lease Agreement

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Tenant's Right to Possession Not Terminated. Upon the occurrence of an Event of Default, Landlord may continue this Lease in effect after Tenant’s breach and abandonment and recover Rent as it becomes due, if Tenant has right to sublet or assign, subject only to reasonable limitations. Landlord can continue this lease Lease in full force and effect, and the lease this Lease will continue in effect as long as Landlord does not terminate Tenant's ’s right to possessionpossession by written notice thereof to Tenant, and Landlord shall have the right to enforce Tenant’s obligations hereunder and to collect rent Rent and all other amounts hereunder when due. During the period Tenant is in defaultexistence of an Event of Default, Landlord can enter the premises Premises and relet re-let them, or any part of them, to third parties for Tenant's ’s account. In such event, Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting re-letting the premisesPremises, including, without limitation, broker’s commissions and like costs. Reletting Re-letting can be for a period shorter or longer than the remaining term Term of this lease. Lease, but Tenant shall pay only be responsible for broker’s commissions attributable to Landlord the rent due under remaining Term of this lease on the dates the rent is due, less the rent Landlord receives from any relettingLease. No act by Landlord allowed by this paragraph Section 14.3 shall terminate this lease Lease unless Landlord notifies Tenant in writing that Landlord elects to terminate this lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liabilityLease. If Landlord elects to relet re-let the premises Premises as provided in this paragraphSection 14.3, rent the Rent that Landlord receives from reletting re-letting shall be applied to the payment of: first, any indebtedness or other costs and expenses hereunder owing from Tenant to Landlord other than rent Rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; re-letting, and third, rent Rent due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphSection 14.3, any sum remaining from the rent Landlord receives from reletting re-letting shall be held by Landlord (without interest thereon or liability therefor) and applied in payment of future rent Rent as rent Rent becomes due under this leaseLease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent Rent is due under this leaseLease, the rent received from the reletting re-letting is less than the rent Rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent Rent due, all costs, including for maintenance, incurred by Landlord incurred in reletting re-letting that remain after applying the rent Rent received from the reletting re-letting as provided in this paragraphSection 14.3.

Appears in 1 contract

Samples: Ground Lease (Hoku Scientific Inc)

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease this Lease will continue in effect as long as Landlord does not terminate Tenant's ’s right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in defaultDefault, Landlord can can, pursuant to applicable law, enter the premises Leased Premises and shall make its best efforts to relet them, or any part of them, to third parties for Tenant's ’s account. Tenant shall be liable immediately to Landlord for all reasonable costs Landlord incurs in reletting the premisesLeased Premises, including brokers’ commissions, expenses of repairing the Leased Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this leaseLease. Tenant shall pay to Landlord the that rent due under this lease Lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's default ’s Default and for as long as Landlord does not terminate Tenant's ’s right to possession of the premisesLeased Premises, if Tenant obtains Landlord’s consent, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. Landlord’s consent to a proposed assignment or subletting shall not be unreasonably withheld, delayed or conditioned. If Landlord elects to relet the premises Leased Premises as provided in this paragraphParagraph, rent that Landlord receives from reletting shall be applied to the payment of: firstFirst, any indebtedness from Tenant to Landlord other than rent due from Tenant; secondSecond, all reasonable costs, including for maintenance, required under this Lease to be done by Tenant, which Landlord incurred by Landlord in reletting; third. Third, rent due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphParagraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this leaseLease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this leaseLease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition additional to the remaining rent due, all costscosts for maintenance required under this Lease to be done by Tenant, including for maintenance, which Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphParagraph.

Appears in 1 contract

Samples: Lease Agreement (Diedrich Coffee Inc)

Tenant's Right to Possession Not Terminated. Landlord can has the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations). In connection with the foregoing, Landlord may elect to continue this lease Lease in full force and effect, and the lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and which case Landlord shall have the right to collect rent and other sums when due. During the period Tenant is in default, Landlord can may enter the premises Leased Premises and relet them, or any part of them, to third parties for Tenant's accountaccount and alter or install locks and other security devices at the Leased Premises. Tenant shall be liable immediately to Landlord for all reasonable costs Landlord incurs in reletting the premisesLeased Premises. Reletting can may be for a period equal to, shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the Lease and rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act received by Landlord allowed by this paragraph shall terminate this lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: (i) first, any indebtedness from Tenant to Landlord other than rent due from Tenant; (ii) second, all costs, including for maintenance, reasonable costs incurred by Landlord in reletting; (iii) third, rent due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphsection, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent and other amounts as rent becomes and such amounts become due under this leaseLease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 1 contract

Samples: Terremark Worldwide Inc

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, but not longer than the Term, and the lease Lease will continue in effect as long as Initials: /s/ RW /s/ MR . Landlord does not terminate Tenant's ’s right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Premises and relet them, or any part of them, to third parties for Tenant's ’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term Term of this leaseLease. Tenant shall pay to Landlord the rent due under this lease Lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph Section shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's ’s default and for as long as Landlord does not terminate Tenant's ’s right to possession of the premisesPremises, if Tenant obtains Landlord’s consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises Premises as provided in this paragraphSection, rent that Landlord receives from reletting shall be applied to the payment of: firstFirst, any indebtedness owed from Tenant to Landlord other than rent due from Tenant; secondSecond, all costs, including for repair, refurbishment, reconfiguration, restoration and maintenance, incurred by Landlord in reletting; thirdThird, rent and any other payments, costs or fees, including late fees due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphSection, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this leaseLease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this leaseLease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphSection.

Appears in 1 contract

Samples: Lease Agreement (Whole Living Inc)

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease Lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Premises and relet let them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises, including, without limitation, brokers' commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this leaseLease. Tenant shall pay to Landlord the rent due under this lease Lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph Section shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premisesPremises, if Tenant obtains Landlord's consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises Premises as provided in this paragraphSection, rent that Landlord receives from reletting shall be applied to the payment of: firstFirst, any indebtedness from Tenant to Landlord other than rent due from Tenant; secondSecond, all costs, including for maintenance, incurred by Landlord in reletting; thirdThird, rent due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphSection, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this leaseLease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this leaseLease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphSection.

Appears in 1 contract

Samples: Lease Agreement (Medcross Inc)

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease Lease will continue in effect as long as Landlord does not terminate Tenant's ’s right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Premises and relet them, or any part of them, to third parties for Tenant's ’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premises. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this lease Lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph Paragraph shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liabilityLease. If Landlord elects to relet relets the premises Premises as provided in this paragraphParagraph, rent that Landlord receives from reletting shall be applied to the payment of: firstFirst, any indebtedness from Tenant to Landlord other than rent due from Tenant; secondSecond, all costs, including for repairs or maintenance, incurred by Landlord in reletting; thirdThird, rent due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphParagraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this leaseLease. In no Unless Landlord shall elect to terminate this Lease upon an event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenanceof default, Landlord incurred in reletting that remain after applying shall have an obligation to make a good faith attempt to relet the Premises for the highest rent received from the reletting as provided in this paragraphreasonably available.

Appears in 1 contract

Samples: Purchase Agreement (Colonial Downs, LLC)

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, and the lease Lease will continue in effect as long as Landlord does not terminate Tenant's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all reasonable costs Landlord incurs in reletting re-letting the premises, including, without limitation, broker's commissions, expenses of remodeling the premises required by the reletting, and like costs. Reletting Re-letting can be for a period shorter or longer than the remaining term of this leaseLease. Tenant shall pay to Landlord the rent due under this lease Lease on the dates the rent is due, less the rent Landlord receives from any relettingre-letting. No act by Landlord allowed by this paragraph shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's default and for as long as Landlord does not terminate Tenant's right to possession of the premises, if Tenant obtains Landlord's consent, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects Landlord's consent to relet the premises as provided in this paragraph, rent that Landlord receives from reletting a proposed assignment or subletting shall not be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphunreasonably withheld.

Appears in 1 contract

Samples: Lease Agreement (Esoft Inc)

Tenant's Right to Possession Not Terminated. Landlord can continue this lease in full force and effect, and the lease will continue in effect as long as Landlord does not terminate TenantXxxxxx's right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises and relet them, or any part of them, to third parties for Tenant's account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premises. Reletting can be for a period shorter or longer than the remaining term of this lease. Tenant shall pay to Landlord the rent due under this lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this lease unless Landlord notifies Tenant that Landlord elects to terminate this lease. After TenantXxxxxx's default and for as long as Landlord does not terminate TenantXxxxxx's right to possession of the premises, Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consent, but Tenant shall not be released from liability. If Landlord elects to relet the premises as provided in this paragraph, rent that Landlord receives from reletting shall be applied to the payment of: first, any indebtedness from Tenant to Landlord other than rent due from Tenant; second, all costs, including for maintenance, incurred by Landlord in reletting; third, rent due and unpaid under this lease. After deducting the payments referred to in this paragraph, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord Xxxxxxxx and applied in payment of future rent as rent becomes due under this lease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this lease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraph.

Appears in 1 contract

Samples: Lease Agreement

Tenant's Right to Possession Not Terminated. Landlord can continue this lease Lease in full force and effect, but not longer than the Term, and the lease Lease will continue in effect as long as Landlord does not terminate Tenant's ’s right to possession, and Landlord shall have the right to collect rent when due. During the period Tenant is in default, Landlord can enter the premises Premises and relet them, or any part of them, to third parties for Tenant's ’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the premisesPremises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term Term of this leaseLease. Tenant shall pay to Landlord the rent due under this lease Lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph Section shall terminate this lease Lease unless Landlord notifies Tenant that Landlord elects to terminate this leaseLease. After Tenant's ’s default and for as long as Landlord does not terminate Tenant's ’s right to possession of the premisesPremises, if Tenant obtains Landlord’s consent Tenant shall have the right to assign or sublet its interest in this lease if Tenant obtains Landlord's consentLease, but Tenant shall not be released from liability. If Landlord elects to relet the premises Premises as provided in this paragraphSection, rent that Landlord receives from reletting shall be applied to the payment of: firstFirst, any indebtedness owed from Tenant to Landlord other than rent due from Tenant; secondSecond, all costs, including for repair, refurbishment, reconfiguration, restoration and maintenance, incurred by Landlord in reletting; thirdInitials: __MR_ __RW_ Third, rent and any other payments, costs or fees, including late fees due and unpaid under this leaseLease. After deducting the payments referred to in this paragraphSection, any sum remaining from the rent Landlord receives from reletting shall be held by Landlord and applied in payment of future rent as rent becomes due under this leaseLease. In no event shall Tenant be entitled to any excess rent received by Landlord. If, on the date rent is due under this leaseLease, the rent received from the reletting is less than the rent due on that date, Tenant shall pay to Landlord, in addition to the remaining rent due, all costs, including for maintenance, Landlord incurred in reletting that remain after applying the rent received from the reletting as provided in this paragraphSection.

Appears in 1 contract

Samples: Lease Agreement (Forevergreen Worldwide Corp)

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