DEFAULT AND RE-ENTRY. In the event of any breach of the terms and provisions of this Lease by Tenant, or if Tenant's interest herein, or any part thereof, be assigned or transferred without the written consent of Landlord, either voluntarily or by operation of law, whether by judgement, execution, death, receivership or any other means, or if Tenant vacates or abandons the premises, which shall be conclusively presumed if Tenant leaves the premises closed or unoccupied continuously for twenty (20) days, then in any such event, Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the premises and may store such property at the cost of and for the account and risk of Tenant. Should Landlord elect to re-enter as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provide for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, re-let the premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable with the right to make alterations and repairs to the premises. Rents received by such Landlord from such re-letting shall be applied: first, to the payment of any costs and expenses of such re-letting, including a reasonable attorney's fee and any real estate commission actually paid, and any costs and expenses of such alterations and repairs; second, to the payment of any indebtedness, other than rent, due hereunder from Tenant to Landlord; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent or other obligations as the same may become due and payable hereunder. If rentals received from such re-letting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord, and such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without terminat...
DEFAULT AND RE-ENTRY. If Lessee fails to keep or perform any of the covenants and agreements herein contained, then the same shall constitute a breach hereof, and if Lessee has not remedied such breach within three (3) days after written notice thereof from Lessor if the breach is non-payment of rent or other charges, or within ten (10) days after written notice thereof from Lessor in the event of the breach of any other covenant, except that if the breach cannot reasonably be cured within such ten (10) day period, then if Lessee fails to commence to cure within such ten (10) day period and thereafter, diligently prosecute such cure to completion, then Lessor may, at its option, without further notice or demand:
DEFAULT AND RE-ENTRY. This Lease is subject to the limitations that if, at any time during the lease term, an "Event of Default", as hereinafter defined, shall occur, then upon such event of default and the expiration of the period of time prescribed in any required notice and prior to Lessee's curing an existing default, Lessor shall, at its option without additional notice to Lessee and without prejudice to any other rights and remedies hereunder or by law, have the following rights and remedies:
DEFAULT AND RE-ENTRY. If any rents reserved, or other obligations provided herein, or any part thereof, shall be and remain unpaid when the same shall become due, or if Tenant shall violate or default in any of the covenants and agreements herein contained, then the Lessor may cancel this lease upon giving the notice required bylaw, and re-enter said Premises, using such force as may be required. Notwithstanding such re-entry by the lessor, the liability of the Tenant for the rent provided for herein shall not be extinguished for the balance of the term of this lease, and Tenant covenants and agrees to make good to the Lessor any deficiency arising from a re-entry and reletting of the Premises at a lesser rental than agreed to herein. Lessor shall have the right to declare the entire balance of the rent for the remainder of the term of this lease to be due and payable immediately, and upon demand Tenant shall pay to Landlord the net present value of such rent (using a discount rate that is one percentage point above the discount rate then in effect at the Federal Reserve Bank nearest to the Premises) or otherwise calculated by Landlord in any manner not inconsistent with applicable law. Accelerated payments payable under this lease shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment of rent in advance. In the event it becomes reasonably necessary to make any changes, alterations or additions to the Premises or any part thereof for the purpose of reletting said Premises or any part thereof, Tenant shall be responsible for such cost.
DEFAULT AND RE-ENTRY. If Tenant fails to keep or perform any covenants and agreements herein contained, then the same shall constitute a breach hereof, and if Tenant has not remedied such breach within three (3) business days after written notice thereof with respect to monetary obligations of Tenant, and within ten (10) calendar days after written notice with respect to nonmonetary obligations of Tenant, then Landlord may, at its option, without further notice or demand:
DEFAULT AND RE-ENTRY. If Lessee fails to keep or perform any of the covenants and agreements herein contained, then the same shall constitute a breach hereof, and if Lessee has not remedied such breach within three (3) days after written notice thereof from Lessor if the breach is non-payment of rent or other charges, or within ten (10) days after written notice thereof from Lessor in the event of the breach of any other covenant, then Lessor may, at its option, without further notice or demand:
DEFAULT AND RE-ENTRY. If Lessee fails to pay rent when due; if Lessee fails to perform any other obligations under this agreement within ten (10) days after receiving written notice of the default from Lessor; if Lessee makes any assignment for the benefit of creditors or a receiver is appointed for Lessee or its property; or if any proceedings are instituted by or against Lessee for bankruptcy (including reorganization) or under any insolvency laws, Lessor may terminate this Lease, re-enter the Premises, and seek to relet the Premises on terms set by Lessor in its sole discretion. Notwithstanding re-entry by Lessor, Lessee shall continue to be liable to Lessor for rent owed under this Lease and for any rent deficiency that results from reletting the Premises during the term of this Lease. Notwithstanding any reletting without termination, Lessor may at any time elect to terminate this Lease for any default by Lessee by giving Lessee written notice of the termination. In addition to Lessor’s other rights and remedies as stated in this Lease, and without waiving any of those rights, or if Lessee defaults in the performance of any of its obligations under this Lease, Lessor may cure defaults and shall not be responsible to Lessee for any loss or damage that is caused by that action. Lessee shall pay to Lessor, upon demand, the Lessor’s costs for curing any defaults, as additional rent under this lease.
DEFAULT AND RE-ENTRY. Lessee covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by Xxxxxx to be kept and performed and that this Lease is made upon the condition of such performance. Except for a default under the preceding Section 14 for which immediate right of termination is given to Lessor, if Lessee fails to pay any installment of rent within three (3) days after written notice, or to perform any other covenant under this Lease within thirty (30) days after written notice from Lessor stating the nature of the default, Lessor may terminate this Lease and re-enter and take possession of the Leased Premises using such force as may be necessary; provided that if the nature of such default other than for non- payment of rent is such that the same cannot reasonably be cured within such thirty-day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. If Lessor elects to terminate this Lease, Lessor may declare all rent owing for the remainder of the Term immediately due and payable, less the amount Lessee proves could reasonably be collected during such period. Notwithstanding such retaking of possession by Xxxxxx and/or termination of this Lease, Lessee's liability for the rent provided herein shall not be extinguished for the balance of the term of this Lease, and Lessee shall make good to Lessor any deficiency arising from a reletting of the Leased Premises at a lesser rental, plus the costs and expenses of renovating or altering the Leased Premises and the costs and expenses of reletting the Leased Premises, including but not limited to, lease commissions, tenant improvements, etc. Lessee shall pay any such deficiency each month as the amount thereof is ascertained by Xxxxxx. If Lessor retakes possession, Lessor shall have the right to let any other available space in the Building before reletting or attempting to relet the Leased Premises, and such action shall not relieve Lessee of any of its obligations hereunder. All remedies provided herein are cumulative and are in addition to those provided by law.
DEFAULT AND RE-ENTRY. If Lessee shall violate or default in any of the covenants and agreements herein contained, or if the Leasehold interest of the Lessee shall be attached or levied on under execution; or if a petition is filed by Lessee for an arrangement with their creditors under Chapter 11 of the Bankruptcy Act; or if the Lessee shall be declared bankrupt or insolvent according to law; or if any assignment of the Lessee’s property shall be made for the benefit of creditors, or otherwise, then the Lessor may cancel this Lease upon giving the notice required by law and re-enter the Building and take possession thereof.
DEFAULT AND RE-ENTRY. REMEDIES
