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NEGOTIATING KEY LEASE PROVISIONS A Landlord's Point of View - page 48 / 60





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shall enable Landlord to reinstate or avoid cancellation (as the case may be) of such policy of insurance;


the Premises shall, without the prior written consent of Landlord, be used (i) by any

persons other than Tenant or its permitted assigns or subtenants (ii) for any purpose other than

that for which they were leased or occupied, or (iii) by any persons whose occupancy is prohibited by this Lease;


the Premises shall be vacated or abandoned, or remain unoccupied without the prior

written consent of Landlord, for sixty (60) or more consecutive days while capable of being



the balance of the Term of this Lease or any of the goods and chattels of Tenant located

in the Premises shall at any time be seized in execution pursuant to a non-appealable judgment;


Tenant commences any bankruptcy, reorganization or insolvency proceeding, or other

proceeding under any federal, state or other law for the relief of debtors;


Tenant fails to obtain the dismissal, within ninety (90) days after the commencement

thereof, of any bankruptcy, reorganization or insolvency proceeding, or other proceeding under any law for the relief of debtors, instituted against it by one or more third parties or fails actively to oppose any such proceeding, or, in any such proceeding, defaults or files an answer admitting the material allegations upon which the proceeding was based or alleges its willingness to have an order for relief entered or its desire to seek liquidation, reorganization or adjustment of any of

its debts; or


Tenant fails to pay its debts as they become due, and as a result a receiver, trustee or

custodian is appointed to take possession of all or any substantial portion of the assets of Tenant,

or any committee of Tenant's creditors, or any class thereof, is formed for the purpose of monitoring or investigating the financial affairs of Tenant or enforcing such creditors' rights.

Landlord shall use reasonable efforts to provide Tenant with a monthly written statement setting forth the monthly installment of Basic Rent, Additional Rent and any other amount payable hereunder, at least ten (10) days prior to any such due date, but in no event shall Landlord's failure to deliver such statement impair Landlord's. right to pursue any of the remedies set forth in this Section _____.

Remedies. In the event of any default by Tenant, Landlord sill have the following rights and remedies, all of which are cumulative and not alternative and not to the exclusion of any other or additional rights and remedies in law or equity available to Landlord by statute or otherwise:


to remedy or attempt to remedy any default of Tenant, and in so doing to make any

payments due or alleged to be due by Tenant to third parties (and such payments shall be deemed

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