A traditional re-entry clause for non-payment of rent and an 'anti-Shevill' clause declaring the rental covenant to be a fundamental term of the lease operate independently, so that the lessor may exercise the right of re-entry without first serving notice under the essential term clause. The cross-reference in an anti-Shevill clause to the rights conferred by the re-entry clause does not make the notice requirement a precondition to re-entry. Practitioners drafting commercial leases should be aware that these clauses create separate termination mechanisms with different consequences: re-entry under the traditional clause does not entitle the lessor to loss of bargain damages, while termination under the essential term clause (upon notice) does.
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