Common use of Re-entry Clause in Contracts

Re-entry. Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to the landlord if the rents reserved or any part thereof shall be unpaid for Twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action or remedy of the Landlord in respect of any breach non-observance or non-performance of any of the tenant's covenants or any conditions herein contained

Appears in 1 contract

Samples: Lease (Getty Images Inc)

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Re-entry. Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to If the landlord if the rents reserved Rent hereby reserved, or any part thereof thereof, shall be unpaid for Twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed arrears or if the Tenant for the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part thereof default in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action or remedy of the Landlord in respect of any breach non-observance or non-performance of any of the tenantTenant's other covenants or agreements contained in this Lease, and the Tenant fails to pay such arrears within sixty (60) days of receipt of notice in writing from the Landlord or if the Tenant fails to remedy the non-rental default within sixty (60) days after receipt of notice from the Landlord (or such longer period as is reasonably required under the circumstances so long as the Tenant commences to remedy within such sixty (60) day period), the Landlord may, in addition to any conditions herein containedother remedies the Landlord may have, either in this Lease or at law, re-enter the Premises and the Term hereby granted shall thereupon be terminated. Notwithstanding the foregoing, and without limiting the remedies of the Landlord, in the event the Tenant fails to remedy a non- rental default within the above-specified notice period, and provided the Tenant is not bona fide disputing the non-rental default, upon the expiration of the above-specified notice period the Landlord, at its option, acting reasonably, may remedy the non-rental default on behalf of the Tenant and charge the costs thereof to the Tenant. Notwithstanding any other provision of this Lease, the Landlord may from time to time resort to any or all of the rights and remedies available to it in the event of any uncured default hereunder by the Tenant, either by any provision of this Lease, by statute or common law, all of which rights and remedies are intended to be cumulative and not alternative. The express provisions contained in this Lease as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or common law.

Appears in 1 contract

Samples: Lease

Re-entry. Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to the landlord Landlord if the rents reserved or any part thereof shall be unpaid for Twenty twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant Tenant's for the time being (being a companyCompany) shall enter enters into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) Landlord's satisfaction of reconstruction or amalgamation whilst solvent) or pass passes a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") Act or summons a meeting of its creditors or any of them under Part I 1 of the 1986 Insolvency Act or suffers a petition for an Administration Order in respect of it to be filed in file din Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one anyone of them shall have has a receiving order made against him or become becomes bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Insolvency Act or if the Tenant (or if there shall be is more than one Tenant any of them) shall enter enters into composition with his or their or his creditors or suffer any distress or execution to be levied on his or their or his goods or if an interim order is Is made under Part VIII of the 1986 Insolvency Act then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name anme of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action or remedy of the Landlord in respect of any breach non-observance or non-performance of any of the tenantTenant's covenants or any conditions herein contained

Appears in 1 contract

Samples: Bioprogress Technology International Inc

Re-entry. Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to 8. In the landlord if event that the rents reserved or any part thereof Lessee shall be unpaid for Twenty one days after becoming payable in default of any or its covenants hereunder including the covenant of the Lessee to pay rent or additional rent, whether formally demanded legal demand has been made or not or if any covenant on not, the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall Lessor may at its option either enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises demised premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as of its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the Lessee and claim against the Lessee for damages suffered. Provided further that in the event that the Lessor shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Lessee of the obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Lessor is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Lessee thereafter fail to pay the rent and other monies payable as rent or otherwise under this demise Lease. Provided further that in addition to all other rights hereby reserved to it, the Lessor shall absolutely determine but have the right to re-enter the demised premises as the agent of the Lessee either by force or otherwise, without prejudice being liable for any prosecution therefor, and to re-let the whole or any portion of the demised premises for any period equal to or greater or less than the remainder of the then current term of the Lessee and to receive the rent therefor, said rent to be any sum which it may deem reasonable, to any right of action or remedy lessee which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Lessor may make such changes in the character of the Landlord improvements or the demised premises as the Lessor may determine to be appropriate or helpful in respect effecting such Lease; but in no event shall the Lessor be under any obligation to re-let the demised premises in whole or in part for any purpose which the Lessor may regard as injurious to the demised premises, or to any lessee which the Lessor, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any rent derived from so re-letting the demised premises upon account of the rent due hereunder, and the Lessee shall remain liable to the Lessor for the deficiency, if any, it being the intention hereof that nothing herein contained and no entry made by the Lessor hereunder shall in no way release the Lessee from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Lessor by such re-letting or by the proceeds of any breach non-observance or non-performance distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any event be required to pay to the Lessee any surplus of any sums received by the Lessor on a re-letting of the tenant's covenants or any conditions herein containeddemised premises in excess of the rent reserved hereunder.

Appears in 1 contract

Samples: Veri-Tek International, Corp.

Re-entry. Notwithstanding and without prejudice to any other remedies and powers herein contained or otherwise available to 8. In the landlord if event the rents reserved or any part thereof Lessee shall be unpaid for Twenty one days after becoming payable in default of any of its covenants hereunder including the covenant of the Lessee to pay rent or additional rent, whether formally demanded legal demand has been made or not or if any covenant on not, the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall Lessor may at its option either enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and have again, repossess and enjoy the same as if its former estate and the said Lease shall thereupon terminate or itself take steps and do to or cause to be done such things as may be necessary to remedy and correct such defaults, or to re-let the same as agent of the lessee and claim against the Lessee for damages suffered. Provided further that I the event that the Lessor shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Lessee of the obligation to pay rent and other monies payable as rent hereunder and such rent and other monies payable as rent hereunder and such rent and other monies payable as rent in accordance with the provision hereof shall continue to accrue and be payable until such time as the Lessor is able to re-let the premises, or otherwise deal with the same in such manner that it shall not sustain any loss should the Lessee thereafter fail to pay the rent and other monies payable as rent or otherwise under this demise lease. Provided further that in addition to all other rights hereby reserved to it, the Lessor shall absolutely determine but have the right to re-enter the Demised Premises as the agent of the Lessee either by force or otherwise, without prejudice being liable for any prosecution therefore, and to re-let the whole or any portion of the Demised Premises for any period equal to or greater or less than the remainder of the then current term of the Lease and to receive the rent therefore, said rent to be any sum which it may deem reasonable, to any right of action or remedy lessee which it may deem suitable and satisfactory, and for any use purpose which it may deem appropriate and in connection with any such lease, the Lessor may make such changes in the character of the Landlord improvements or the Demised Premises as the Lessor may determine to be appropriate or helpful in respect effecting such Lease; but in no event shall the Lessor be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Lessor may regard as injurious to the Demised Premises, or to any lessee which the Lessor, in the exercise of reasonable discretion, shall deem objectionable and to apply any rent derived from so re-letting the Demised Premises upon account of the rent due hereunder, and the lessee shall remain liable to the Lessor for the deficiency, if any, it being the intention hereof that nothing herein contained and no entry made by the Lessor hereunder shall in no way release the Lessee from the payment of the rent hereby reserved during the term hereof being such sum as may be realized by the Lessor by such re-letting or by the proceeds of any breach non-observance or non-performance distress made by the Lessor against the Lessee; and provided that the Lessor shall not in any event be required to pay to the Lessee any surplus of any sums received by the Lessor on a re-letting of the tenant's covenants or any conditions herein containedDemised Premises in excess of the rent reserved hereunder.

Appears in 1 contract

Samples: Manitex International, Inc.

Re-entry. Notwithstanding The Tenant further covenants and without prejudice to any other remedies and powers herein contained or otherwise available to the landlord if the rents reserved or any part thereof shall be unpaid for Twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition agrees with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for the Landlord at any time thereafter to rethat in case of non-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action or remedy of the Landlord in respect payment of any breach non-observance rent at the times as herein provided, or the non-performance of any covenant by the Tenant, or in case the Demised Premises shall be deserted or vacated for over thirty (30) days, the Landlord, in addition to all other rights hereby reserved to the Landlord shall have the right to re-enter the same as the agent of the tenant's covenants Tenant either by force or otherwise, without being liable for any prosecution therefor and to re-let the whole or any conditions herein containedportion of the Demised Premises, for any period equal to or greater or less then the remainder of the then current term as agent of the Tenant, and to receive the rent therefor, said rent to be any sum which the Landlord deems reasonable, to any Tenant which the Landlord may deem suitable and satisfactory, and for any use and purpose which the Landlord may deem appropriate, and in connection with any such Lease the Landlord may make such changes in the character of the improvements of the Demised Premises as the Landlord may determine to be appropriate or helpful in effecting such Lease. However, in no event shall the Landlord be under any obligation to re-let the Demised Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Demised Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable, and as the agent of the Tenant to take possession of any furniture or other property on the Demised Premises and to sell the same at public or private sale without notice and to apply the proceeds of such sale and any rent derived from re-letting the Demised Premises, upon account of the rent due under these presents, and the Tenant shall remain liable to the Landlord for the deficiency, if any, it being the intention of this Lease that nothing in this Lease contained and no entry made by the landlord hereunder, shall in any way release the Tenant from the payment of the rent hereby reserved during the term hereof beyond such sum as may be realized by the Landlord by the re-letting and sale of furniture hereinbefore allowed. The Landlord shall not, in any event be required to pay to the Tenant any surplus of any sums received by the landlord on a re-letting of Demised Premises in excess of the rent reserved in this Lease.

Appears in 1 contract

Samples: Lease (MORTGAGEBROKERS.COM Holdings, Inc.)

Re-entry. Notwithstanding Where there occurs a material breach by the Tenant of the tenant covenants and without prejudice other terms and conditions of this Lease and the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to any other remedies and powers herein contained remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise available ceases to exist then it is lawful for the landlord if the rents reserved Landlord or any part thereof shall be unpaid for Twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for person authorised by the Landlord at any time thereafter afterwards to re-enter upon the Demised Premises Property or any part thereof of it in the name of the whole and thereupon this demise shall the Term absolutely determine but determines without prejudice to any right of action or remedy of the Landlord in respect of any breach non-observance of the Tenant's obligations contained in this Lease. Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or non-performance demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the tenantTenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any conditions herein containedsuch acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach. Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00 pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact. [Exclusion of S.62 L.P.A. The operation of section 62 of the Law of Property Act 1925 is excluded from this Lease and the only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not by virtue of this Lease deemed to have acquired or be entitled by any means whatsoever (other than express grant) to any easement from or over the Retained Land or affecting any other land or premises now or at any time after the date of this Lease belonging to the Landlord and not comprised in this Lease.]18 Governance This Lease is governed by English law. The parties submit to the exclusive jurisdiction of the High Court of Justice in England. Agreement to Exclude Sections 24 to 28 of the 1954 Act The Landlord and the Tenant agree pursuant to section 38A(1) of the 1954 Act that the provisions of sections 24 to 28 (inclusive) of the 1954 Act are excluded in relation to the tenancy created by this Lease. The Tenant confirms that: the Landlord served on the Tenant a notice (the "Notice") applicable to the tenancy created by this Lease on [_________________] in accordance with section 38A(3)(a) of the 1954 Act; and the Tenant or a person duly authorised by the Tenant made a declaration or a statutory declaration in relation to the Notice on [_________________] in accordance with the requirements of section 38A(3)(b) of the 1954 Act; before the Tenant entered into this Lease or (if earlier) became contractually bound to do so. Termination

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

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Re-entry. Notwithstanding Where there occurs a breach by the Tenant of clause 3.9 and/or 5.1.2 of this Lease and without prejudice the Landlord has served written notice specifying such breach and the remedial action required by the Tenant and if within a reasonable period (taking account of the breach complained of) the Tenant has not taken steps to any other remedies and powers herein contained remedy such breach or the Tenant is dissolved or struck off or removed from the Register of Companies or otherwise available ceases to exist then it is lawful for the landlord if the rents reserved Landlord or any part thereof shall be unpaid for Twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for person authorised by the Landlord at any time thereafter afterwards to re-enter upon the Demised Premises Property or any part thereof of it in the name of the whole and thereupon this demise shall the Term absolutely determine but determines without prejudice to any right of action or remedy of the Landlord in respect of any breach nonof the Tenant's obligations contained in this Lease The Landlord may not exercise the right of re-observance entry under clause 6.1.1 unless it has given prior notice to the Secretary of State of the breach in respect of which there is a claim against the Tenant and such notice is to contain sufficient detail of the circumstances of the breach to allow the Secretary of State the opportunity to remedy the breach (“the Landlord’s Notice”) The Secretary of State shall within sixty (60) days of receipt of the Landlord’s Notice serve written notice (“Acceptance Notice”) either agreeing or nonrefusing to remedy the breaches specified in the Landlord’s Notice and (if applicable) indicating an intention for this Lease to be assigned in accordance with the terms of this Lease In the event that the Secretary of State fails to serve an Acceptance Notice within sixty (60) days of receipt of the Landlord’s Notice it will be deemed to refuse to remedy the breaches specified in the Landlord’s Notice, and the Landlord may exercise the right of re-performance entry under clause 6.1.1 In the event that the Secretary of State serves an Acceptance Notice the Secretary of State will be deemed to be agreeing to remedy all the breaches specified in the Landlord’s Notice or take or procure an assignment of this Lease in accordance with the terms of this Lease Following service of an Acceptance Notice the Secretary of State (as appropriate) will have a reasonable length of time (or such longer period as may be agreed between the parties acting reasonably) to: take steps to remedy the breaches specified in the Landlord’s Notice to the Landlord’s reasonable satisfaction and (if applicable); or accept or procure an assignment to the Secretary of State or his or her nominee of the residue of the term of this Lease in accordance with its terms during which time the Landlord will not be able to exercise the right of re-entry under clause 6.1.1 If the Secretary of State (as appropriate) fails to remedy the breaches to the Landlord’s reasonable satisfaction or accept or procure an assignment of this Lease in accordance with the terms of this Lease in the time period specified in clause 6.1.6 the Landlord may exercise the right of the re-entry under clause 6.1.1 Any dispute between the Landlord and the Tenant about whether the breaches specified in the Landlord’s Notice have been adequately remedied or whether an assignment has been accepted or procured in accordance with the terms of this Lease are to be dealt with pursuant to clause 12 of this Lease Landlord's Rights on Forfeiture The Landlord's right to forfeit this Lease is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the tenantTenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any conditions herein containedsuch acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach Service of Notices Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 applies to all notices which may require to be served under the terms of this Lease except that section 196 is deemed to be amended as follows:- the final words of section 196(4) "and that service ………. be delivered" are deleted and there is substituted "and that service is deemed to have been made on the third working day after the registered letter has been posted" and "working day" means any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory or bank holiday; any notice or document is also sufficiently served if sent by telephonic facsimile transmission to the party to be served and that service is deemed to be made on the day of transmission if transmitted before 4.00pm on a working day but otherwise on the next following working day; if the party to whom any notice to be served consists of more than one person the service of notice upon one of such persons constitutes service upon all of them; any notice to be given by a party may be given by that party's solicitor or agent and when addressed to a party is not rendered invalid by reason of that party having died become insolvent or changed name whether or not the party serving notice is aware of the fact

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

Re-entry. Notwithstanding By Landlord 16. Landlord reserves and without prejudice shall at all times have the right, upon reasonable prior verbal notice to any other remedies and powers herein contained Tenant (except in the event of emergency or otherwise available to the landlord if the rents reserved or any part thereof provision of routine services, in which no such notice shall be unpaid for Twenty one days after becoming payable whether formally demanded or not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if the Tenant for the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for the Landlord at any time thereafter required), to re-enter upon the Demised Premises to inspect the same, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder, to show said Premises to prospective purchasers, mortgagees or tenants, to post notices of nonresponsibility, and to alter, improve, or repair the Premises and any portion of the Building of which the Premises are a part or to which access is conveniently made through the Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors, in, upon, and about the Premises, and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portions thereof obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any part thereof in portions thereof. Landlord shall also have the name right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passage ways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the whole Building and thereupon this demise shall absolutely determine but without prejudice to any right of action change the name, number or remedy of designation by which the Landlord in respect of any breach non-observance or non-performance of any of the tenant's covenants or any conditions herein containedBuilding is commonly known.

Appears in 1 contract

Samples: Office Lease Agreement (Ultimate Software Group Inc)

Re-entry. Notwithstanding and without prejudice IN THE EVENT that the Tenant shall be in default of any of its covenants to any other remedies and powers herein contained pay Rent or otherwise available Additional Rent, the Landlord shall give to the landlord if Tenant notice in writing stating the rents reserved or any part thereof shall be unpaid for Twenty one days after becoming payable whether formally demanded or said default with reasonably sufficient particulars, and requiring that the said default is not or if any covenant on the Tenant's part or condition contained in this Lease shall not be performed or observed or if remedied by the Tenant for within seven (7) business days (excluding Saturdays, Sundays and Statutory holidays) after the time being (being a company) shall receipt of such notice, the Landlord may at its option either enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting of its creditors or any of them under Part I of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Leased Premises or any part thereof in the name of the whole and have again, repossess, and enjoy the same as of its former estate and the said Lease shall thereupon this demise terminate. In the event that the Tenant shall absolutely determine but without prejudice to any right of action or remedy of the Landlord be in respect of any breach non-observance or non-performance default of any of its covenants hereunder, other than the tenant's covenants covenant of the Tenant to pay Rent or Additional Rent, the Landlord shall give to the Tenant notice in writing stating the said default with reasonably sufficient particulars, and requiring that the said default be remedied and require that if such default is not remedied by the Tenant within thirty (30) days after the receipt of such notice, or such longer period as may be reasonably necessary in view of the nature of the default, the Landlord may, if the aforementioned notice and cure period has expired at its option either enter into and upon the Leased Premises or any conditions part thereof in the name of the whole and have again, repossess, and enjoy the same as of its former estate and the said Lease shall thereupon terminate, or itself take steps and to do or cause to be done such things as may be necessary to remedy and correct such defaults. Provided further that in the event that the Landlord shall be entitled to, and shall elect to make a re-entry as hereinbefore provided for, any re-entry or other action so taken shall not be deemed to relieve the Tenant of its obligation to pay Rent and other monies payable as Rent in accordance with the provisions hereof and said Rent and other monies shall continue to accrue and be payable until such time as the Landlord is able to re-let the Leased Premises, or otherwise deal with the same in such manner that it did not sustain any loss should the Tenant then after fail to pay the Rent and other monies payable as Rent or otherwise under this Lease. Provided further that in addition to all other rights hereby reserved to it, the Landlord shall have the right to re-enter the Leased Premises for any period equal to or greater or less than the remainder of the then current term of the Tenant and to receive the Rent therefore, said Rent to be any sum which it may deem reasonable, to any Tenant which it may deem suitable and satisfactory, and for any use and purpose which it may deem appropriate and in connection with any such lease, the Landlord may make such changes in the character of the improvements of the Leased Premises as the Landlord may determine to be appropriate or helpful in effecting such lease; but in no event shall the Landlord be under any obligation to re­let the Leased Premises in whole or in part for any purpose which the Landlord may regard as injurious to the Leased Premises, or to any Tenant which the Landlord, in the exercise of reasonable discretion, shall deem to be objectionable and to apply any Rent due hereunder, and the Tenant shall remain liable to the landlord for the deficiency, if any, it being the intention hereof that nothing herein containedcontained and no entry made by the landlord hereunder shall in any way release the Tenant from the payment of Rent hereby reserved during the term hereof beyond such sum as may be realized by the landlord by such re-letting or by the proceeds of any distress made by the landlord against the Tenant; and provided that the landlord shall not In any event be required to pay to the Tenant any Surplus of any sums received by the landlord on a re-letting of the leased Premises in excess of the Rent reserved hereunder. Notwithstanding anything to the contrary herein, in no event shall Tenant’s total liability hereunder exceed the total remaining Rent including the Operating Expenses under the lease Term.

Appears in 1 contract

Samples: Loan Agreement (Hydrogenics Corp)

Re-entry. Notwithstanding Said Lessee will quit and without prejudice to any other remedies and powers herein contained or otherwise available deliver upon the possession of said premises to the landlord Lessor or Lxxxxx’s heirs, successors, agents or assigns, when this lease terminated by limitation or forfeiture, with all window glass replaced, if broken, and with all keys, locks, bolts, plumbing fixtures, elevator, sprinkler, boiler and heating appliances in as good order and condition as the rents reserved same are now, or any part may hereafter be made by repair in compliance with all covenants of this lease, save only the wear thereof shall be unpaid for Twenty one days after becoming payable whether formally demanded from reasonable and careful use. But it is hereby understood, and Lessee hereby covenants with the Lessor, that such forfeiture, annulment or not or if any covenant on the Tenant's part or condition contained in this Lease voidance shall not be performed or observed or if relieve the Tenant for Lessee from the time being (being a company) shall enter into liquidation whether compulsory or voluntary (save for the purpose (demonstrated to the Landlords reasonable satisfaction) of reconstruction or amalgamation whilst solvent) or pass a resolution for winding up (save as aforesaid) or is unable to pay or has no reasonable prospect of being able to pay its debts within the meaning of Sections 122 and 123 obligation of the Insolvency Xxx 0000 ("xxx 0000 Xxx") or summons a meeting Lessee to make the monthly payments of its creditors or rent hereinbefore reserved, at the times and in the manner aforesaid; and in case of any of them under Part I such default of the 1986 Act or suffers a petition for an Administration Order in respect of it to be filed in Court or suffers a receiver or administrative receiver to be appointed or being an individual or being more than one individual any one of them shall have a receiving order made against him or become bankrupt or is unable to pay or has no reasonable prospect of being able to pay his debts within Lessee, the meaning of Sections 267 and 268 of the 1986 Act or if the Tenant (or if there shall be more than one Tenant any of them) shall enter into composition with their or his creditors or suffer any distress or execution to be levied on their or his goods or if an interim order is made under Part VIII of the 1986 Act then and in any such case it shall be lawful for the Landlord at any time thereafter to Lessor may re-enter upon let the Demised Premises or any part thereof said premises as the agent for and in the name of the whole Lessee, at any rental readily obtainable, applying the proceeds and thereupon this demise shall absolutely determine but without prejudice avails thereof, first, to any right the payment of action or remedy such expense as the Lessor may be put to in re-entering, and then to the payment of said rent as the same may from time to time become due, and toward the fulfillment of the Landlord in respect of any breach non-observance or non-performance of any other covenants and agreements of the tenant's covenants or any conditions Lessee herein contained, and the balances, if any, shall be paid to the Lessee; and the Lessee hereby covenants and agrees that if the Lessor shall recover or take possession of said premises as aforesaid, and be unable to re-let and rent the same so as to realize a sum equal to the rent hereby reserved, the Lessee shall and will pay to the Lessor any and all loss of difference of rent for the residue of the term. The Lessee hereby gives to the Lessor the right to place and maintain its usual “for rent” signs upon the demised premises, in the place that the same are usually displayed on property similar to that herein demised, for the last thirty days of this lease. “No representation is made that premises are lead free or that these premises are legally habitable.” SEE SPECIAL AGREEMENTS ATTACHED HERETO FORMING A PART OF THIS LEASE

Appears in 1 contract

Samples: Assignment of Real Estate Lease (Alliance Data Systems Corp)

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