REMEDIES OF LESSOR. If default be made by Lessee in the payment of the rentals and royalties herein and such default shall continue for a period of fifteen (15) days after written notification thereof has been posted to Lessee, then in each such event, Lessor may, at its option, terminate this Lease without any further notice and re-enter upon and take possession of the Leased Premises and hold and possess the same as its absolute property free and clear of any claims of, by, or through Lessee, and pursue any and all other remedies available under the laws of the State of Illinois for violation of any covenant or condition hereof, and all such remedies shall be deemed cumulative and not exclusive. If default be made by Lessee in the performance of any of the other terms or conditions hereof required to be kept or performed by Lessee and such default shall continue for a period of thirty (30) days after written notification thereof has been posted to Lessee, and in the event that Lessee is not reasonably engaged in curing the said default, then in such event, Lessor may, at its option, terminate this Lease without any further notice and re-enter upon and take possession of the Leased Premises and hold and possess the same as its absolute property free and clear of any claims of, by or through Lessee, and pursue any and all other remedies available under the laws of the State of Illinois for violations of any covenant or condition hereof, and all such remedies shall be deemed cumulative and not exclusive. Lessee shall notify Lessor of its proposed cure actions and continue to keep Lessor informed on a regular basis of the actions taken and results thereof. No action by Lessor pursuant to this Section 7 shall impair the right to rental and royalties (including without limitation Tonnage Royalties and Quarterly Deficiency Payments) due or accrued up to the time of termination and re-entry hereunder, but none shall be charged for any period thereafter. Provided, however, if Lessor, at any time, has provided notice of a Financing Cessation (as defined in the Purchase Agreement) then the cure periods set forth above shall be two hundred seventy (270) days from the date of such notice. In the event such Financing Cessation concludes prior to the end of such 270-day cure period as a result of Lessor paying the applicable portion of the Purchase Price at an Applicable Closing which was delayed as a result of such Financing Cessation, then Lessee shall have the cure periods set forth in...
REMEDIES OF LESSOR. Lessee hereby agrees that the occurrence of any one or more of the events of default set out in Article X hereof, shall also constitute an event of default under each of the Development Financing documents, thereby entitling Lessor, after the expiration of any applicable cure period, at its option, to proceed to exercise any or all of the following remedies:
REMEDIES OF LESSOR. If the Lessee
REMEDIES OF LESSOR. All rights and remedies of Lessor herein set forth are in addition to any and all rights and remedies which are or may be available to Lessor at law or in equity.
REMEDIES OF LESSOR. If any Lessee Default occurs, Lessor shall have the right after the expiration of the applicable cure period and after compliance with all applicable laws, and at the sole discretion of Lessor, to terminate this Lease and retain the Security Deposit upon providing five (5) days written notice and opportunity to cure. An Event of Default shall be deemed to have occurred at the expiration of such five (5) day period if the default has not been cured by the expiration of such five (5) day period. Lessor may terminate the Lease irrespective of any suit or action brought by Lessee and the time period required for termination of this Lease shall not be tolled by the filing of a suit or action to the extent permitted by applicable law. Additionally, if any Event of Default occurs, Lessor may, at its option, from time to time, without terminating this Lease, re-enter and re-let the Premises, or any part thereof, as the agent and for the account of Lessee upon such terms and conditions as Lessor may deem advisable or satisfactory, in which event the rents received on such re-letting shall be applied first to the expenses of such re-letting and collection including but not limited to, reasonably necessary renovation and alterations of the Premises, reasonable attorney’s fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due to Lessor hereunder, and if a sufficient sum shall not be thus realized or secured to pay such sums and other charges, at Lessor’s option, Lessee shall pay Lessor any deficiency immediately upon demand therefore, notwithstanding that Lessor may have received periodic rental in excess of the periodic rental stipulated in this Lease in previous or subsequent rental periods, and Lessor may bring an action therefore as such deficiency shall arise. Nothing herein, however, shall be construed to require Lessor to re-enter and re-let the Premises in any event. Lessor shall not, in any event, be required to pay Lessee any surplus of any sums received by Lessor on a re-letting of said Premises in excess of the rent provided in this Lease. If any Event of Default occurs, Lessor shall have the right to obtain injunctive and declaratory relief, temporary and/or permanent, against Lessee for any acts, conduct or omissions of Lessee, and to further obtain specific performance of any term, covenant or condition of this Lease, including but not limited to the appointment of a receiver to operate Lessee’s business a...
REMEDIES OF LESSOR. Upon the occurrence of any Event of Default by Lessee and at any time thereafter, Lessor may, without any further notice, exercise one or more of the following remedies in its sole discretion: terminate the Property Schedule and all of Lessee's rights as to any or all of the Property financed pursuant thereto; proceed by appropriate court action to personally, or by its agents, take possession from Lessee of any or all of the Property financed pursuant to the Property Schedule wherever found and Lessor may thereafter dispose of such Property; provided, however, that any proceeds from the disposition of such Property in excess of the sum of the following amounts will be paid to Lessee: (a) all costs, including attorneys' fees, incurred in securing possession of such Property; (b) all expenses incurred in completing the disposition of such Property; and (c) the balance of any remaining Lease Payments due in Lessee's current fiscal year for such Property; proceed by appropriate court action or actions to enforce performance by Lessee of its obligations hereunder or to recover damages for Lessee’s breach or pursue any other remedy available to Lessor at law or in equity or otherwise; declare all unpaid Lease Payments and other sums payable under the Property Schedule during the portion of the Lease Term that occurs during Lessee’s current fiscal year to be immediately due and payable without any presentment, demand or protest and/or take any and all actions to which Lessor is entitled under applicable law.
REMEDIES OF LESSOR. 19.01 If Lessee fails to perform any duty or obligation of Lessee under this Lease, Lessor may at its option, without waiver of Default nor any other right or remedy, perform any such duty or obligation on Lessee’s behalf. The costs and expenses of any such performance by Lessor will be immediately due and payable by Lessee upon receipt from Lessor of the reimbursement amount required.
REMEDIES OF LESSOR. In the event LESSEE exercises the Option to Purchase, and the transaction of purchase and sale of the Property contemplated hereby does not Close when and as provided herein for any reason attributable to LESSEE or any person or entity in a relationship to LESSEE (except in the case of a rescission allowed pursuant to Section 6.8.1 above), then such event shall be treated as the giving by LESSEE of a rescission notice under Section 6.8.1 above effective as of the later of the date specified for Closing pursuant to Section 6.4.2 above or the date that LESSOR gives to LESSEE written notice of LESSEE's failure to Close. LESSOR shall accept the payment of costs under Section 6.8.2 above as liquidated damages and as its sole remedy for such a failure of LESSEE to Close.
REMEDIES OF LESSOR. In the event LESSEE breaches this lease and abandons the LEASED PROPERTY, LESSOR shall have all of the remedies of a landlord provided by the Civil Code of the State of California. 13.2.5
REMEDIES OF LESSOR. Upon the occurrence of any uncured Event of Default Lessor shall have the right to recover damages, or specifically enforce Lessee’s covenants set forth in this Lease.
