NYC 9/11 Public Portal Document
abandoned or if Tenant shall be in default beyond any applicable grace period provided in
Paragrqjh (A), then, in any such event, Landlord may without notice refuse to provide overtime
services unless Tenant has made arrangements for advance payment acceptable to Landlord.
(D) If, at any time (a) Tenant shall be comprised of two or more persons, or (b)
there is a guarantor of any of Tenant's obligations under this Lease, or (c) Tenant's interest in
this Lease shall have been assigned, the word "Tenant", as used in Subsections (a) and (b) of
Paragr4)h (A), shall mean any one or more of the persons primarily or secondarily liable for
Tenant's obligations under this Lease. Any sums received by Landlord from or on behalf of
Tenant during the pendency of any proceeding of the types referred to in Subsections (a) and (b)
of Paragraph (A) shall be deemed paid as compensation for the use and occupancy of the
Demised Premises and the acceptance of any such compensation by Landlord shall not be deemed
an acceptance of rent or a waiver on the pan of Landlord of any rights under this Article or
Article 32.
ARTICLE 31
RE-ENTRY BY LANDLORD
(A) If Tenant shall default in the payment of any installment of fixed rent, or of any
additional rent, on any date upon which the same ought to be paid, and if such default shall
continue for three (3) business days after Landlord shall have given to Tenant a notice specifying
such default, or if this Lease shall expire as in Article 30 provided. Landlord or Landlord's
agents and employees may immediately or at any time thereafter re-enter the Demised Premises,
or any part thereof, in the name of the whole, either by summary dispossess proceedings or by
any suitable action or proceeding at law, or by force or otherwise, without being liable to
indictment, prosecution or damages therefor, and may repossess the same, and may remove any
persons therefrom, to the end that Landlord may have, hold and enjoy the Demised Premises
again as and of its first estate and interest therein. The word re-enter, as herein used, is not
restricted to its technical legal meaning. In the event of any termination of this Lease under the
provisions of Article 30 or if Landlord shall re-enter the Demised Premises under the provisions
of this Article or in the event of the termination of this Lease, or of re-entry, by or under any
summary dispossess or other proceeding or action or any provision of law by reason of default
hereunder on the part of Tenant, Tenant shall thereupon pay to Landlord the fixed rent and
additional rent payable by Tenant to Landlord up to the time of such termination of this Lease, or
of such recovery of possession of the Demised Premises by Landlord, as the case may be, and
shall also pay to Landlord damages as provided in Article 32.
(B) In the event of a breach or threatened breach by Tenant of any of its obligations
under this Lease, Landlord shall also have the right of injunction. The special remedies to which
Landlord may resort hereunder are cumulative and are not intended to be exclusive of any other
remedies or means of redress to which Landlord may lawfully be entitled at any time and
Landlord may invoke any remedy allowed at law or in equity as if specific remedies were not
provided for herein.
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