Common use of Upon Default Clause in Contracts

Upon Default. Landlord shall have the right to pursue any one or more of the following remedies: (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may enter upon and take possession of the Premises and remove Tenant, Tenant’s Property and any party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s Default, including, without limitation, all reasonable Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other commercially reasonable concessions or allowances granted to a new tenant. In the event that Landlord terminates this Lease and Tenant’s right to possession of the Premises, Landlord shall use reasonable efforts to relet the Premises on such terms as Landlord in its sole discretion may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building.

Appears in 1 contract

Sources: Lease Agreement (Cogentix Medical Inc /De/)

Upon Default. Landlord shall have the right to pursue any one or more of the following remedies: (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may enter upon and take possession of the Premises and remove Tenant, Tenant’s Property and any party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s Default, including, without limitation, all reasonable Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. , “Costs of Reletting” shall include all reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other commercially reasonable concessions or allowances granted to a new tenant. In the event that Landlord terminates this Lease and . (b) Terminate Tenant’s right to possession of the Premises and, in compliance with Law, remove Tenant, Tenant’s Property and any parties occupying the Premises. Landlord may (but shall not be obligated to) relet all or any part of the Premises, Landlord shall use reasonable efforts without notice to relet the Premises Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its sole absolute discretion shall determine. Landlord may determine (including a term different collect and receive all rents and other income from the Termreletting. Tenant shall pay Landlord on demand all past due Rent, rental concessions, all Costs of Reletting and alterations to, and improvement of, any deficiency arising from the reletting or failure to relet the Premises); however, Landlord . The re-entry or taking of possession of the Premises shall not be obligated construed as an election by Landlord to relet the Premises before leasing other portions of the Buildingterminate this Lease.

Appears in 1 contract

Sources: Sublease Agreement (L-1 Identity Solutions, Inc.)

Upon Default. Landlord shall have the right to pursue any one or more of the following remedies: (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may enter upon and take possession of the Premises and remove Tenant, Tenant’s 's Property and any party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s 's Default, including, without limitation, all reasonable Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. "Costs of Reletting" shall include all reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, reasonable legal fees, brokerage commissions, the cost of alterations and the value of other commercially reasonable concessions or allowances granted to a new tenant. In the event that Landlord terminates this Lease and . (b) Terminate Tenant’s 's right to possession of the Premises and, in compliance with Law, remove Tenant, Tenant's Property and any parties occupying the Premises. Landlord may (but shall not be obligated to) relet all or any part of the Premises, Landlord shall use reasonable efforts without notice to relet the Premises Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its sole absolute discretion shall determine. Landlord may determine (including a term different collect and receive all rents and other income from the Termreletting. Tenant shall pay Landlord on demand all past due Rent, rental concessions, all Costs of Reletting and alterations to, and improvement of, any deficiency arising from the reletting or failure to relet the Premises); however, Landlord . The re-entry or taking of possession of the Premises shall not be obligated construed as an election by Landlord to relet the Premises before leasing other portions of the Buildingterminate this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Information Services Group Inc.)

Upon Default. Landlord shall have the right to pursue any one or more of the following remedies: (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may enter upon and take possession of the Premises and remove Tenant, Tenant’s Property and any party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s Default, including, without limitation, all reasonable Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, reasonable legal fees, brokerage commissions, the cost of alterations and the value of other commercially reasonable concessions or allowances granted to a new tenant. In the event that Landlord terminates this Lease and . (b) Terminate Tenant’s right to possession of the Premises and, in compliance with Law, remove Tenant, Tenant’s Property and any parties occupying the Premises. Landlord may (but shall not be obligated to) relet all or any part of the Premises, Landlord shall use reasonable efforts without notice to relet the Premises Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its sole absolute discretion shall determine. Landlord may determine (including a term different collect and receive all rents and other income from the Termreletting. Tenant shall pay Landlord on demand all past due Rent, rental concessions, all Costs of Reletting and alterations to, and improvement of, any deficiency arising from the reletting or failure to relet the Premises); however, Landlord . The re-entry or taking of possession of the Premises shall not be obligated construed as an election by Landlord to relet the Premises before leasing other portions of the Buildingterminate this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Drugstore Com Inc)

Upon Default. Landlord shall have the right to pursue any one or more of the following remedies: (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may enter upon and take possession of the Premises and remove Tenant, Tenant’s 's Property and any party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s 's Default, including, without limitation, all reasonable Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” "COSTS OF RELETTING" shall include all reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other commercially reasonable concessions or allowances granted to a new tenant. In Landlord agrees to use reasonable efforts to mitigate damages, provided that those efforts shall not require Landlord to relet the event Premises in preference to any other space in the Building or to relet the Premises to any party that Landlord terminates this Lease and could reasonably reject as a transferee pursuant to Section 11. (b) Terminate Tenant’s 's right to possession of the Premises and, in compliance with Law, remove Tenant, Tenant's Property and any parties occupying the Premises. Landlord may (but shall not be obligated to) relet all or any part of the Premises, Landlord shall use reasonable efforts without notice to relet the Premises Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its sole absolute discretion shall determine. Landlord may determine (including a term different collect and receive all rents and other income from the Termreletting. Tenant shall pay Landlord on demand all past due Rent, rental concessions, all Costs of Reletting and alterations to, and improvement of, any deficiency arising from the reletting or failure to relet the Premises); however, Landlord . The re-entry or taking of possession of the Premises shall not be obligated construed as an election by Landlord to relet the Premises before leasing other portions of the Buildingterminate this Lease.

Appears in 1 contract

Sources: Office and Laboratory Lease Agreement (Combinatorx, Inc)

Upon Default. Landlord shall have the right to pursue any one anyone or more of the following remedies: (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may enter upon and take possession of the Premises and remove Tenant, Tenant’s Property and any party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s Default, including, without limitation, all reasonable Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other commercially reasonable concessions or allowances granted to a new tenant. In Notwithstanding the event above, if Landlord relets the Premises for a term (the “Relet Term”) that extends past the Termination Date of this Lease (without consideration of any earlier termination pursuant to this Section 19), the Costs of Reletting which may be included in Landlord’s damages under this Lease shall be limited to a prorated portion of the Costs of Reletting, based on the percentage that the length of the Term remaining on the date Landlord terminates this Lease and or Tenant’s right to possession bears to the length of the PremisesRelet Term. For example, if there are 2 years left on the Term at the time that Landlord terminates possession and, prior to the expiration of the 2 year period, Landlord shall use reasonable efforts to relet the Premises on such terms as Landlord in its sole discretion may determine (including enters into a term different from the Termlease with a Relet Term of 10 years with a new tenant, rental concessions, and alterations to, and improvement of, the Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions then only 20% of the BuildingCosts of Reletting shall be included when determining Landlord’s damages.

Appears in 1 contract

Sources: Office Lease Agreement (Intelius Inc)

Upon Default. Landlord shall have the right to pursue any one or more of the following remedies: (a) Terminate this Lease, in which case Tenant shall immediately surrender the Premises to Landlord. If Tenant fails to surrender the Premises, Landlord, in compliance with Law, may enter upon and take possession of the Premises and remove Tenant, Tenant’s 's Property and any party occupying the Premises. Tenant shall pay Landlord, on demand, all past due Rent and other losses and damages Landlord suffers as a result of Tenant’s 's Default, including, without limitation, all reasonable Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. "Costs of Reletting" shall include all reasonable costs and expenses incurred by Landlord in reletting or attempting to relet the Premises, including, without limitation, legal fees, brokerage commissions, the cost of alterations and the value of other commercially reasonable concessions or allowances granted to a new tenant. In the event that Landlord terminates this Lease and . (b) Terminate Tenant’s 's right to possession of the Premises and, in compliance with Law, remove Tenant, Tenant's Property and any parties occupying the Premises. Landlord may (but shall not be obligated to) relet all or any part of the Premises, Landlord shall use reasonable efforts without notice to relet the Premises Tenant, for such period of time and on such terms and conditions (which may include concessions, free rent and work allowances) as Landlord in its sole absolute discretion shall determine. Landlord may determine (including a term different collect and receive all rents and other income from the Termreletting. Tenant shall pay Landlord on demand all past due Rent, rental concessions, all Costs of Reletting and alterations to, and improvement of, any deficiency arising from the reletting or failure to relet the Premises); however, Landlord . The re-entry or taking of possession of the Premises shall not be obligated construed as an election by Landlord to relet the Premises before leasing other portions of the Buildingterminate this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Geovic Mining Corp.)