Common use of Right of Re-Entry Clause in Contracts

Right of Re-Entry. Notwithstanding anything in this Lease to the contrary provided, in case of default in any of the covenants hereof, or if the premises become vacant and Tenant stops paying rent, the Lessor may re-enter by means of summary proceedings or any other method prescribed by law, with or without notice of any intention to do so, and resume possession and re-let the premises in its own name, without terminating this Lease or in any manner affecting the obligation of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the account of the Lessee the amount received from re-letting, after deducting the expenses of such summary or other proceedings, including legal fees, as may be necessary in order that Lessor regain possession under this provision, as well as the expense incurred in re-letting the premises, and repairing and redecorating if any, and the execution of a new lease for the same premises shall not terminate the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect for the full term of this Lease, and a Lessee who has once vacated may not re-enter without the written consent of the Lessor or its agents; and no act or thing done by the Lessor or its agents during the term hereby granted shall be deemed an acceptance or surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption in the event the Lessee shall be dispossessed by judgment or warrant of any court or judge. Lessee waives and will waive all right to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereunder.

Appears in 1 contract

Samples: Lease Agreement (Ibs Interactive Inc)

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Right of Re-Entry. Notwithstanding anything in this Lease The Tenant covenants and agrees that on the Landlord's becoming entitled to re-enter upon the contrary provided, in case of default in Leased Premises under any of the covenants hereofprovisions of this Agreement, the Landlord, in addition to all other rights, will have the right to enter the Leased Premises as the agent of the Tenant either by force or otherwise, without being liable to any action in respect thereof, or if for any loss or damage occasioned thereby and the premises become vacant and Tenant stops paying renthereby expressly releases the Landlord for all actions, proceedings, claims or demands whatsoever for or on account of or in respect of any forcible entry or any loss or damage sustained by the Tenant in connection therewith. Upon re-entry pursuant to this Section, the Lessor Landlord may re-enter by means relet the Leased Premises as the agent of summary proceedings the Tenant and receive rent therefore, and, to the extent that Rent is owing to the Landlord hereunder, may take possession of any Tenant Assets or any other method prescribed by law, with property of the Tenant on the Leased Premises as the agent of the Tenant and sell the same at public or private sale without notice and may apply the proceeds of such sale and any intention to do so, and resume possession and re-let rent derived from reletting the premises in its own name, without terminating this Lease or in any manner affecting the obligation of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the Leased Premises on account of the Lessee the amount received from re-letting, after deducting the expenses of such summary or other proceedings, including legal fees, as may be necessary in order that Lessor regain possession Rent owing under this provision, as well as the expense incurred in re-letting the premises, and repairing and redecorating if anyAgreement, and the execution of a new lease Tenant will be liable to the Landlord for the same premises shall not terminate deficiency, if any. The Tenant hereby waives and renounces the Lesseebenefit of any present or future statute taking away or limiting the Landlord's liability or obligations hereunder, which shall in rights pursuant to this Section and agrees that notwithstanding any event remain in full force and effect for the full term of this Lease, and a Lessee who has once vacated may not re-enter without the written consent such statute none of the Lessor or its agents; goods and no act or thing done by chattels of the Lessor or its agents Tenant on the Leased Premises at any time during the term hereby granted shall Term will be deemed an acceptance or surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made exempt from levy by distress for Rent in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption in the event the Lessee shall be dispossessed by judgment or warrant of any court or judge. Lessee waives and will waive all right to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereunderarrears.

Appears in 1 contract

Samples: Operating Lease Agreement

Right of Re-Entry. Notwithstanding anything in this Lease to Upon the contrary provided, in case of default in any expiration or termination of the covenants hereofTerm, or if Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the premises become vacant Leased Premises in the condition and state of repair required under Section 6.05 hereof and Tenant stops paying rentshall remove the Excluded Property and the Project (if required by any Legal Requirements) in accordance with Section 6.03 hereof. If Tenant fails to surrender possession as herein required, Landlord may initiate any and all legal action as Landlord may elect to dispossess Tenant and all of its Excluded Property, and all persons or firms claiming by, through or under Tenant and all of their Excluded Property and the Lessor Project (if required by any Legal Requirements), from the Leased Premises, and may remove from the Leased Premises and store without any liability for loss, theft, damage or destruction thereto)any such Excluded Property at Tenant's sole cost and expense. For so long as Tenant remains in possession of the Leased Premises after such expiration, termination or exercise by Landlord of its re-enter by means of summary proceedings or any other method prescribed by lawentry right, with or without notice of any intention to do so, and resume possession and re-let the premises in its own name, without terminating this Lease or in any manner affecting the obligation of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the account of the Lessee the amount received from re-letting, after deducting the expenses of such summary or other proceedings, including legal fees, as may be necessary in order that Lessor regain possession under this provision, as well as the expense incurred in re-letting the premises, and repairing and redecorating if any, and the execution of a new lease for the same premises shall not terminate the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect for the full term of this Lease, and a Lessee who has once vacated may not re-enter without the written consent of the Lessor or its agents; and no act or thing done by the Lessor or its agents during the term hereby granted Tenant shall be deemed an acceptance or surrender of said premises and no agreement to accept be occupying the Leased Premises as a surrender of said premises shall be validtenant-at-sufferance, unless the same be made in writing and personally subscribed by an officer subject to all of the Lessor and obligations of Tenant under this Lease. No such holding over shall extend the Lessor further reserves Term. If Tenant fails to surrender possession of the right to rent the premises for a longer period of time than fixed in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption Leased Premises in the event condition herein required, Landlord may, at Tenant's expense, restore the Lessee shall be dispossessed by judgment or warrant of any court or judge. Lessee waives and will waive all right Leased Premises to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereundersuch condition.

Appears in 1 contract

Samples: Lease Agreement (Harvest States Cooperatives)

Right of Re-Entry. Notwithstanding anything Upon the expiration or termination of the Term for whatever cause, or upon the exercise by Landlord of its right to reenter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises in "broom clean" and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not covered by Section 15.2 and repairs to be made by Landlord pursuant to Section 15.1. If Tenant is in default under this Lease, Landlord shall have alien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Ann. (Or any replacement provisiox). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to the contrary providedhave been abandoned and may be appropriated, in case sold, stored, destroyed or otherwise disposed of default in by Landlord without notice to, and without any of the covenants hereofobligation to account to, or if the premises become vacant and Tenant stops paying rent, the Lessor may re-enter by means of summary proceedings or any other method prescribed by law, person. Tenant shall pay to Landlord all expenses incurred in connection with or without notice the disposition of such property in excess of any intention amount received by Landlord from such disposition. Tenant stall not be released from Tenant's obligations under this Lease in correction with surrender of the Premises until Landlord has inspected the Premises and delivered to do soTenant a written release. While Tenant remains in possession of the Premises after such expiration, and resume possession and termination or exercise by Landlord of its re-let entry right. Tenant shall be deemed to be occupying the premises in its own namePremises as a tenant-at-sufferance, without terminating this Lease or in any manner affecting the obligation subject to all of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the account obligations of the Lessee the amount received from re-letting, after deducting the expenses of such summary or other proceedings, including legal fees, as may be necessary in order that Lessor regain possession Tenant under this provision, as well as the expense incurred in re-letting the premises, and repairing and redecorating if any, and the execution of a new lease for the same premises shall not terminate the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect for the full term of this Lease, and a Lessee who has once vacated may not reexcept that the daily Rent shall be twice the per-enter without day Rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the written consent Term. If Tenant fails to surrender possession of the Lessor or its agents; and no act or thing done by the Lessor or its agents during the term hereby granted shall be deemed an acceptance or surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption Premises in the event condition herein required, Landlord may, at Tenant's expense, restore the Lessee shall be dispossessed by judgment or warrant of any court or judge. Lessee waives and will waive all right Premises to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereundersuch condition.

Appears in 1 contract

Samples: Lease Agreement (Category 5 Technologies Inc)

Right of Re-Entry. Notwithstanding anything in this Lease The Tenant further covenants and agrees that on the Landlord's becoming entitled to re-enter upon the contrary provided, in case of default in Leased Premises under any of the covenants hereof, or if the premises become vacant and Tenant stops paying rent, the Lessor may re-enter by means provisions of summary proceedings or any other method prescribed by law, with or without notice of any intention to do so, and resume possession and re-let the premises in its own name, without terminating this Lease or otherwise at law, the Landlord in any manner affecting addition to all other rights shall have the obligation right (but not the obligation) to enter the Leased Premises as the agent of the Lessee Tenant, either by force or otherwise, without being liable for any prosecution therefore and as agent of the Tenant to pay relet the Leased Premises, to make alterations to the Leased Premises to facilitate their reletting, to receive rent herein covenanted therefore, and as agent of the Tenant, to take possession of any furniture or other properly on the Leased Premises and to sell the same by public or private sale without notice. The Landlord shall apply the proceeds of any such reletting and sale first, to the payment of any expenses incurred by the Landlord with respect to any such reletting or sale, including without limitation the making of alterations to the Leased Premises; second, to the payment of any indebtedness of the Tenant to the Landlord other than Rent; and third, to the payment of Rent in arrears; with the residue to be paid, held by the Landlord and applied in which event, however, there payment of future Rent as it become due and payable and the Tenant shall be credited liable for the deficiency, if any. The Landlord shall be entitled to relet the Lease Premises, or any part thereof for such term or terms (which may be for a term or terms extending beyond the Term) and at such rents and upon such other terms, covenants and conditions as the Landlord in its discretion considers advisable. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter elect to terminate this Lease for any previous breach. If the Landlord at any time re-enters the Leased Premises or any part thereof in the name of the whole, the Tenant shall pay to the account of the Lessee the amount received from Landlord upon such re-letting, after deducting entry the expenses of such summary or other proceedings, including legal fees, as may be necessary in order that Lessor regain possession under this provision, as well as the expense incurred in re-letting the premises, and repairing and redecorating if any, then current and the execution next ensuing three (3) monthly instalments of a new lease for the same premises shall not terminate the Lessee's liability or obligations hereunderRent, which shall in any event remain in full force immediately become due and effect for payable as accelerated Rent. Furthermore, if upon re-entering the full term of Leased Premises the Landlord exercises its right to terminate this Lease, in addition to any other remedies it may have, it may recover from the Tenant all damages it incurs by reason of such breach, including without limitation, the cost of recovering the Leased Premises, solicitor's fees (on a solicitor and a Lessee who has once vacated may not re-enter without his client basis) and Rent required to be paid pursuant to this Lease for the written consent remainder of the Lessor or its agents; Term, all of which amounts shall be immediately due and no act or thing done payable by the Lessor or its agents during Tenant to the term hereby granted shall be deemed an acceptance or surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption in the event the Lessee shall be dispossessed by judgment or warrant of any court or judge. Lessee waives and will waive all right to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereunderLandlord.

Appears in 1 contract

Samples: It Staffing LTD

Right of Re-Entry. Notwithstanding anything in this Lease to hereinbefore contained, the contrary provided, in case SLCIDA’s right of default in any re-entry hereunder for nonpayment of the covenants hereof, or if the premises become vacant and Tenant stops paying rent, the Lessor may nonperformance of covenants, seizure or forfeiture shall become exercisable upon such default being made beyond applicable cure periods. Provided, further, that upon such re-enter entry by means the SLCIDA under the terms of summary proceedings this Section or any other method prescribed by lawprovision or provisions of this Lease, with or without notice of any intention to do so, and resume possession and re-let the premises in its own name, without terminating this Lease or in any manner affecting the obligation of the Lessee to pay the rent herein covenanted to be paidSLCIDA may, in addition to any other remedies to which eventthe SLCIDA may be entitled, howeverat its option, there shall be credited at any time and from time to time relet the demised premises or any part of parts thereof for the account of the Lessee LESSEE or otherwise and receive and collect the amount received from re-lettingrents therefore, after deducting applying the expenses same first to the payment of such summary or other proceedingsexpenses as the SLCIDA may have incurred in recovering possession of the demised premises, including the legal feesfees and for putting the same into good order or condition for re- rental and all other out of pocket expenses (excluding the cost of renovation or altering the demised premises), commissions and charges paid, assumed or incurred by the SLCIDA in or about reletting the premises and then to the fulfillment of the covenants of the LESSEE hereunder. Any such reletting herein provided for may be for the remainder of the term as originally granted or for a longer or shorter period. In any case and whether or not the demised premises or any part thereof be relet, the LESSEE shall pay to the SLCIDA the rental hereby reserved and all other sums required to be paid by the LESSEE as they would otherwise come due and payable up to the time of the termination of this Lease or of recovery of possession of the demised premises by the SLCIDA, as the case may be necessary in order that Lessor regain possession under this provision, as well as the expense incurred in re-letting the premisesbe, and repairing thereafter, the LESSEE covenants and redecorating agrees, if anyrequired by the SLCIDA, and to pay to the execution SLCIDA until the end of a new lease for the same premises shall not terminate the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect for the full term of this Lease, and a Lessee who has once vacated may not re-enter without Lease the written consent equivalent of the Lessor or its agents; amount of all the rentals hereby reserved and no act or thing done all other sums required to be paid by the Lessor or its agents during the term hereby granted shall be deemed an acceptance or surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption in the event the Lessee shall be dispossessed by judgment or warrant of any court or judge. Lessee waives and will waive all right to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereunderLESSEE.

Appears in 1 contract

Samples: Industrial Building Lease Agreement

Right of Re-Entry. Notwithstanding anything in Upon the termination of this Lease Lease, however such termination is brought about, whether by Lessor’s election to the contrary provided, in case of default in terminate under any one or more of the covenants hereofforegoing provisions, or if the premises become vacant and Tenant stops paying rentotherwise, the Lessor may immediately, or at any time thereafter, re-enter by means of summary proceedings the Leased Premises without notice or any other method prescribed by law, demand and remove all persons and things therefrom with or without notice legal process and without prejudice to any of any intention to do soLessor’s other legal rights, and resume possession and re-let the premises in its own name, without terminating this Lease or in any manner affecting the obligation of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the account of the Lessee the amount received from re-letting, after deducting the expenses of using such summary or other proceedings, including legal fees, force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor’s re-entry or the form or manner of re-entry or the taking possession of the Leased Premises are hereby waived as also are all claims for damage by reason of any proceedings in order that the nature of execution, attachment, sequestration, forcible detainer or other legal action which Lessor regain may employ to recover possession of the Leased Premises or rentals and charges due. If upon Lessor’s re-entry there remains any personal property of Lessee or any person holding under or through it pursuant to Section 2.3, other than property as either or both shall hold as actual or constructive bailee(s), Lessor may take possession of the property and sell it at public or private sale without notice to Lessee, and this provisionright to take and sell shall be a prior lien and claim against the property, as well as subject, however, to any prior duly perfected third party encumbrance thereof Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense incurred and risk of the owners thereof Lessee shall reimburse Lessor for any expenses it incurs in re-letting connection with removal and storage of property upon Lessor’s presentment of invoices therefor. If Lessor elects to take possession of the premisesproperty and sell it, and repairing and redecorating the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the execution payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any re-entry upon default by Lessee or a new termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the same premises remainder of the then current lease term and such other charges and/or obligations, if any as may be otherwise payable under this Lease, shall not terminate be and become immediately due and payable and the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect of Lessee for the full amount 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 Lessee who has once vacated may not re-enter without the written consent reletting of the Lessor or its agents; and no act or thing done by the Lessor or its agents during the term hereby granted shall be deemed an acceptance or surrender of said premises and no agreement to accept Leased Premises at a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time lesser rental than fixed in this Lease without releasing the Lessee from any liabilitythat hereinbefore agreed upon. The Lessee hereby expressly waives any and all right of redemption in the event the Lessee shall be dispossessed pay the rental deficiency each month as the amount thereof is ascertained by judgment or warrant Lessor, upon the presentment of any court or judge. Lessee waives and will waive all right to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereunderinvoices therefor.

Appears in 1 contract

Samples: Lease Agreement (Lmi Aerospace Inc)

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Right of Re-Entry. Notwithstanding anything in Upon the termination of this Lease Lease, however ----------------- such termination is brought about, whether by Lessor's election to the contrary provided, in case of default in terminate under any one or more of the covenants hereofforegoing provisions, or if otherwise, and in the premises become vacant and Tenant stops paying rentevent that Lessee fails to exercise its rights under Section 4.2, the Lessor may re-re- enter by means of summary proceedings the Leased Premises without notice or any other method prescribed by law, demand and remove all persons and things therefrom with or without notice legal process and without prejudice to any of any intention to do soLessor's other legal rights, and resume possession and re-let the premises in its own name, without terminating this Lease or in any manner affecting the obligation of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the account of the Lessee the amount received from re-letting, after deducting the expenses of using such summary or other proceedings, including legal fees, force as may be necessary or proper for the purpose. Any and all claims for damages by reason of Lessor's re-entry or the form or manner of re-entry or the taking possession of the Leased Premises are hereby waived as also are all claims for damage by reason of any proceedings in order the nature of execution, attachment, sequestration, forcible detainer or other legal action which Lessor may employ to recover possession of the Leased Premises or rentals and charges due. Provided however, Lessee does not waive any claims it may have for damages resulting from Lessor's actions that are willful or grossly negligent. If upon Lessor's reentry there remains any personal property of Lessee or any person holding under or through it pursuant to Section 2.3, other than property as either or both shall hold as actual or constructive bailee(s), Lessor regain may take possession under of the property and sell it at public or private sale without notice to Lessee, and this provisionright to take and sell shall be a prior lien and claim against the property, as well as subject, however, to any prior duly perfected third party encumbrance thereof. Subject to any legal and priority encumbrances, Lessor may, without obligation to do so take possession of the property and hold it for the owners thereof or may place the same in a public garage or warehouse, all at the expense incurred and risk of the owners thereof. Lessee shall reimburse Lessor for any expenses it incurs in re-letting connection with removal and storage of property upon Lessor's presentment of invoices therefor. If Lessor elects to take possession of the premisesproperty and sell it, and repairing and redecorating the proceeds of sale shall be applied first to the costs of the sale, second to the payment of the charges for storage, if any, and third to the execution payment of any other amounts which may then be due from Lessee to Lessor, with the balance, if any, to be paid to Lessee. Notwithstanding any reentry upon default by Lessee or a new termination of this Lease occasioned by reason thereof, the lease rentals due hereunder for the same premises remainder of the then current lease term and such other charges and/or obligations, if any as may be otherwise payable under this Lease, shall not terminate be and become immediately due and payable and the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect of Lessee for the full amount 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 Lessee who has once vacated may not re-enter without the written consent reletting of the Lessor or its agents; and no act or thing done Leased Premises at a lesser rental than that hereinbefore agreed upon. Lessee shall pay the rental deficiency each month as the amount thereof is ascertained by Lessor, upon the Lessor or its agents during the term hereby granted shall be deemed an acceptance or surrender presentment of said premises and no agreement to accept a surrender of said premises shall be validinvoices therefor. Provided however, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed nothing in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption in the event the Lessee shall be dispossessed by judgment Section 6.5 is intended to waive or warrant of any court diminish Lessee's rights or judge. Lessee waives and will waive all right to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereunderLessor's obligations under Section 4.2.

Appears in 1 contract

Samples: Lease Agreement (Matrix Service Co)

Right of Re-Entry. Notwithstanding anything in this Lease to Upon the contrary provided, in case of default in any expiration or termination of the covenants hereofTerm for whatever cause, or if upon the premises become vacant and Tenant stops paying rent, the Lessor may exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises in “broom clean” and good order, condition and repair, except only for ordinary wear and tear, damage by means casualty not covered by Section 15.2 and repairs to be made by Landlord pursuant to Section 15.1. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of summary proceedings the Utah Code Xxx. (Or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other method prescribed by law, person. Tenant shall pay to Landlord all expenses incurred in connection with or without notice the disposition of such property in excess of any intention amount received by Landlord from such disposition. Tenant shall not be released from Tenant’s obligations under this Lease in connection with surrender of the Premises until Landlord has inspected the Premises and delivered to do soTenant a written release. While Tenant remains in possession of the Premises after such expiration, and resume possession and termination or exercise by Landlord of its re-let entry right, Tenant shall be deemed to be occupying the premises in its own namePremises as a tenant-at-sufferance, without terminating this Lease or in any manner affecting the obligation subject to all of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the account obligations of the Lessee the amount received from re-letting, after deducting the expenses of such summary or other proceedings, including legal fees, as may be necessary in order that Lessor regain possession Tenant under this provision, as well as the expense incurred in re-letting the premises, and repairing and redecorating if any, and the execution of a new lease for the same premises shall not terminate the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect for the full term of this Lease, and a Lessee who has once vacated may not reexcept that the daily Rent shall be twice the per-enter without day Rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the written consent Term. If Tenant fails to surrender possession of the Lessor or its agents; and no act or thing done by the Lessor or its agents during the term hereby granted shall be deemed an acceptance or surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption Premises in the event condition herein required, Landlord may, at Tenant’s expense, restore the Lessee shall be dispossessed by judgment or warrant of any court or judge. Lessee waives and will waive all right Premises to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereundersuch condition.

Appears in 1 contract

Samples: Lease Agreement (Raser Technologies Inc)

Right of Re-Entry. Notwithstanding anything in this Lease to Upon the contrary provided, in case of default in any expiration or termination of the covenants hereofTerm for whatever cause, or if upon the premises become vacant and Tenant stops paying rent, the Lessor may exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises in "broom clean" and good order, condition and repair, except only for ordinary wear and tear, damage by means casualty not covered by Section 15.2 and repairs to be made by Landlord pursuant to Section 15. 1. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of summary proceedings the Utah Code Xxx. (Or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of this Lease for any cause shall conclusively be deemed to have been, abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other method prescribed by law, person. Tenant shall pay to Landlord all expenses incurred in connection with or without notice the disposition of such property in excess of any intention amount received by Landlord from such disposition. Tenant shall not be released from Tenant's obligations under this Lease in connection with surrender of the Premises until Landlord has inspected the Premises and delivered to do soTenant a written release. While Tenant remains in possession of the Premises after such expiration, and resume possession and termination or exercise by Landlord of its re-let entry right, Tenant shall be deemed to be occupying the premises in its own namePremises as a tenant-at-sufferance, without terminating this Lease or in any manner affecting the obligation subject to all of the Lessee to pay the rent herein covenanted to be paid, in which event, however, there shall be credited to the account obligations of the Lessee the amount received from re-letting, after deducting the expenses of such summary or other proceedings, including legal fees, as may be necessary in order that Lessor regain possession Tenant under this provision, as well as the expense incurred in re-letting the premises, and repairing and redecorating if any, and the execution of a new lease for the same premises shall not terminate the Lessee's liability or obligations hereunder, which shall in any event remain in full force and effect for the full term of this Lease, and a Lessee who has once vacated may not reexcept that the daily Rent shall be twice the per-enter without day Rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the written consent Term. If Tenant fails to surrender possession of the Lessor or its agents; and no act or thing done by the Lessor or its agents during the term hereby granted shall be deemed an acceptance or surrender of said premises and no agreement to accept a surrender of said premises shall be valid, unless the same be made in writing and personally subscribed by an officer of the Lessor and the Lessor further reserves the right to rent the premises for a longer period of time than fixed in this Lease without releasing the Lessee from any liability. The Lessee hereby expressly waives any and all right of redemption Premises in the event condition herein required, Landlord may, at Tenant's expense, restore the Lessee shall be dispossessed by judgment or warrant of any court or judge. Lessee waives and will waive all right Premises to trial by jury in any summary proceeding hereafter instituted by the Lessor against the Lessee in respect of the Demised Premises or in any action brought to recover rent or damages hereundersuch condition.

Appears in 1 contract

Samples: Lease Agreement (Ziasun Technologies Inc)

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