Common use of To Landlord Clause in Contracts

To Landlord. In addition, the Landlord shall have the immediate right of re-entry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment of the Premises by Tenant, Landlord may consider any personal property belonging to Tenant and left on the Premises to also have been abandoned. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental 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. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

AutoNDA by SimpleDocs

To Landlord. In additionIf Tenant, or any third party on behalf of Tenant or with whom Tenant is engaged or contemplates engaging in business, requests that Landlord review or approve any drawings, specifications or engineering calculations respecting any improvements Tenant intends to install in the Premises or execute any agreement or written instrument; and if Landlord refers such matter to any architect, engineer, surveyor or other professional or administrative personnel of Landlord or to legal counsel for review and advice to Landlord, then Tenant agrees to reimburse Landlord as additional rent for all professional fees and costs incurred by Landlord at the actual cost thereof for persons not in the direct employ of Landlord, and at the rate of Fifty Dollars ($50.00) per hour for all time spent by professional and administrative persons in the direct employ of Landlord. Notwithstanding the foregoing, Tenant shall have not be responsible for reimbursing Landlord for any such fees or costs relating to the immediate right installation of re-entry whether or not any of Tenant's Special Manufacturing Improvements which occurs prior to the expiration of the sixth (6th) month of the Lease Term. If Tenant requests that Landlord consent to an assumption and/or assignment of this Lease is terminated, and if this right of re-entry is exercised following abandonment or a subletting of the Premises to a third party for which Landlord's written consent is required, Tenant agrees to reimburse Landlord, as additional rent, for all time spent by TenantLandlord's administrative and professional personnel, Landlord may consider any personal property belonging to in reviewing the proposed form of all legal documents submitted by Tenant and left on preparing necessary additional legal documents, in evaluating the investigating the credit worthiness of the proposed assignee or subtenant, in inspecting the Premises to also have been abandoneddetermine if the same is in the condition and state of repair as required by this Lease, in reviewing drawings and specifications for any additional improvements to be made to the Premises; and for any other action required in the reasonable judgment of Landlord. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 21 shall be construed as an election to terminate this Lease unless a written notice reimbursed at the rate of such intention is given to Tenant. If Landlord relets Fifty Dollars ($50.00) per hour for the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecoratingtime spent by its administrative and professional personnel, and further improving at the Premises actual cost of professional fees and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord for persons not in reletting; andthe direct employ of Landlord, third, Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, Utility Expenses, for each such request made by Tenant. The hourly fee payable to Landlord's administrative and all other sums due professional personnel under this Lease. Any Paragraph shall be increased by the percentage increase in the Consumer Price Index ("all items" index for urban wage earners and all clerical workers, Los Xxxxxxx/Xxxxxxx/Xxxxxxxxx xxxx, 0000-00 = 100) on each anniversary date of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for commencement of the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental 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. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure.

Appears in 1 contract

Samples: Leiner Health Products Inc

To Landlord. In additionIf Landlord fails to commence thereafter such repair with ten (10) days after receipt of the Second Repair Notice and thereafter diligently pursues said repair to completion, Tenant may perform such repair. Notwithstanding the foregoing, in the event of an emergency, if Landlord fails to make necessary repairs immediately after receipt of the First Repair Notice, Tenant may make such repairs without providing Landlord with the Second Repair Notice. All repairs performed by Tenant pursuant to this Section 10(c) shall be made by a qualified licensed contractor(s) with sufficient expertise in such matters and in accordance with all applicable laws, statutes and ordinances. Landlord shall have reimburse Tenant for Tenant's actual costs incurred within ten (10) days after Landlord's receipt of a written demand from Tenant, which demand shall include supporting invoices. If Landlord disputes the immediate right need for such repair, Landlord shall deliver written notice of re-entry whether or not this Lease is terminated, and if this right of re-entry is exercised following abandonment such disagreement to Tenant within ten (10) days after its receipt of the Premises First Repair Notice. Notwithstanding such dispute, Tenant may cause such repair to be completed pending resolution of such dispute. The dispute shall be resolved by a mutually acceptable mediator, which determination shall be binding upon Landlord and Tenant; provided, Landlord may consider any personal property belonging however, that if the parties cannot agree on an engineer, then the dispute shall be resolved by arbitration pursuant to Tenant and left on the Premises to also have been abandonedcommercial arbitration rules then in effect for the American Arbitration Association. No re-entry or taking possession The losing party shall pay the costs of the Premises by engineer or arbitrator, whichever is applicable. If Landlord is obligated to reimburse Tenant for the repair and fails to do so as provided in this Section 10(c), Tenant may offset such reimbursement amount against the next Rent payment(s) due from Tenant to Landlord pursuant to this Section 21 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, Utility Expenses, and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental 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. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure.

Appears in 1 contract

Samples: Lease Agreement (Access Health Inc)

To Landlord. In additionIf Tenant, or any third party on behalf of Tenant or with whom Tenant is engaged or contemplates engaging in business, requests that Landlord review or approve any drawings, specifications or engineering calculations respecting any improvements Tenant intends to install in the Premises or execute any agreement or written instrument; and if Landlord refers such matter to any architect, engineer, surveyor or other professional or administrative personnel of Landlord or to legal counsel for review and advice to Landlord, then Tenant agrees to reimburse Landlord as additional rent for all professional fees and costs incurred by Landlord at the actual cost thereof for persons not in the direct employ of Landlord, and at the rate of Fifty Dollars ($50.00) per hour for all time spent by professional and administrative persons in the direct employ of Landlord. Notwithstanding the foregoing, Tenant shall have not be responsible for reimbursing Landlord for any such fees or costs relating to the immediate right installation of re-entry whether or not any of Tenant's improvements which occurs prior to the expiration of the sixth (6th) month of the Lease Term. If Tenant requests that Landlord consent to an assumption and/or assignment of this Lease is terminated, and if this right of re-entry is exercised following abandonment or a subletting of the Premises to a third party for which Landlord's written consent is required, Tenant agrees to reimburse Landlord, as additional rent, for all time spent by TenantLandlord's administrative and professional personnel, Landlord may consider any personal property belonging to in reviewing the proposed form of all legal documents submitted by Tenant and left on preparing necessary additional legal documents, in evaluating the investigating the credit worthiness of the proposed assignee or subtenant, in inspecting the Premises to also have been abandoneddetermine if the same is in the condition and state of repair as required by this Lease, in reviewing drawings and specifications for any additional improvements to be made to the Premises, and for any other action required in the reasonable judgment of Landlord. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 21 shall be construed as an election to terminate this Lease unless a written notice reimbursed at the rate of such intention is given to Tenant. If Landlord relets Fifty Dollars ($50.00) per hour for the Premises or any portion thereof, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecoratingtime spent by its administrative and professional personnel, and further improving at the Premises actual and other similar reasonable cost of professional fees and costs (collectively, the "Reletting Costs"), and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses; second, all costs including maintenance, incurred by Landlord for persons not in reletting; andthe direct employ of Landlord, third, Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, Utility Expenses, for each such request made by Tenant. The hourly fee payable to Landlord's administrative and all other sums due professional personnel under this Lease. Any Paragraph shall be increased by the percentage increase in the Consumer Price Index ("all items" index for urban wage earners and all clerical workers, Los Angeles/Anaheim/Riverside area, 1982-84=100) on each anniversary date of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for commencement of the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental 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. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure.

Appears in 1 contract

Samples: Leiner Health Products Inc

AutoNDA by SimpleDocs

To Landlord. In additionIf Tenant, or any third party on behalf of Tenant or with whom Tenant is engaged or contemplates engaging in business, requests that Landlord review or approve any drawings, specifications or engineering calculations respecting any improvements Tenant intends to install in the Premises or execute any agreement or written instrument; and if Landlord shall have refers such matter to any architect, engineer, surveyor or other professional or administrative personnel of Landlord or to legal counsel for review and advice to Landlord, then Tenant agrees to reimburse Landlord as additional rent for all professional fees and costs incurred by Landlord at the immediate right actual cost thereof for persons not in the direct employ of reLandlord, and at the rate of Seventy-entry whether or not Five Dollars ($75.00) per hour for all time spent by professional and administrative persons in the direct employ of Landlord. If Tenant requests that Landlord consent to an assumption and/or assignment of this Lease is terminated, and if this right of re-entry is exercised following abandonment or a subletting of the Premises to a third party for which Landlord's written consent is required, Tenant agrees to reimburse Landlord, as additional rent, for all time spent by TenantLandlord's administrative and professional personnel, Landlord may consider any personal property belonging to in reviewing the proposed form of all legal documents submitted by Tenant and left on preparing necessary additional legal documents, in evaluating the investigating the credit worthiness of the proposed assignee or subtenant, in inspecting the Premises to also have been abandoneddetermine if the same is in the condition and state of repair as required by this Lease, in reviewing drawings and specifications for any additional improvements to be made to the Premises, and for any other action required in the reasonable judgment of Landlord. No re-entry or taking possession of the Premises by Landlord pursuant to this Section 21 shall be construed as an election to terminate this Lease unless a written notice reimbursed at the rate of such intention is given to Tenant. If Landlord relets Seventy-Five Dollars ($75.00) per hour for the Premises or any portion thereoftime spent by its administrative and professional personnel, (i) Tenant shall be liable immediately to Landlord for all costs Landlord incurs or in reletting the Premises or any part thereofamount of One Thousand Dollars ($1,000.00), including, without limitation, broker's commissions, expenses of cleaning, redecorating, and further improving the Premises and other similar costs (collectively, the "Reletting Costs"whichever is greater), and (ii) at the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, actual cost of professional fees and Utility Expenses; second, all costs including maintenance, incurred by Landlord for persons not in reletting; andthe direct employ of Landlord, third, Base Rent, Operating Expenses, Tax Expenses, Common Area Utility Costs, Utility Expenses, for each such request made by Tenant. The hourly fee payable to Landlord's administrative and all other sums due professional personnel under this Lease. Any and all Paragraph shall be increased by ten percent (10%) on each anniversary date of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for commencement of the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental 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. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. So long as this Lease is not terminated, Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and new or existing subleases and to add to the Rent payable hereunder all of Landlord's reasonable costs in so doing, with interest at the maximum rate permitted by law from the date of such expenditure.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Coastcast Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.