Common use of Acceleration of Rent Clause in Contracts

Acceleration of Rent. In the event of a monetary Event of Default by notice to Tenant, Landlord may recover from Tenant the Rent and other charges payable by Tenant to Landlord up to the time of such termination and, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) the aggregate of the Rent and other charges projected over the then remaining current term of the Lease exceeds (b) the aggregate projected rental value of the Premises for such period (assuming an initial eighteen month vacancy period), each discounted to current value at a rate equal to the Prime Rate plus two (2%) percent (the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal to the Rent and other charges which would have been payable by Tenant for such year had the Lease not been so terminated, less net rents actually received by Landlord from a reletting of the Premises during such year. In addition, Landlord shall be entitled to recover from Tenant the projected, in the case of recovery under clause (I) above, or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Acceleration of Rent. In the event of a monetary If an Event of Default by shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 17.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 17.3(c), Lessor may upon written notice to TenantLessee accelerate all payments of Basic Rent due hereunder and, Landlord may recover from Tenant upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Event of Default beyond the Rent and other charges payable by Tenant date of such acceleration (it being agreed that it would be impossible accurately to Landlord up determine actual damages) an amount equal to the time sum of (i) all Basic Rent (assuming interest at a rate per annum equal to the Overdue Rate and including any charges for funding losses), as applicable, due from the date of such termination andacceleration until the end of the Term, as damages, at the election of Landlord at any time thereafter, either plus (1ii) the amount by which, at Maximum Residual Guarantee Amount that would be payable under Section 21.1(c) assuming the time proceeds of the termination of this Lease (or at any time or times thereafter under clause (2sale pursuant to such Section 21.1(c) below)are equal to zero, (a) the aggregate of the Rent and other charges projected over the which sum is then remaining current term of the Lease exceeds (b) the aggregate projected rental value of the Premises for such period (assuming an initial eighteen month vacancy period), each discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal rate then being paid on United States treasury securities with maturities corresponding to the Rent and other charges which would have been payable then remaining Term. Following payment of such amount by Tenant for such year had the Lease not been so terminatedLessee, less net rents actually received by Landlord from a reletting Lessee will be permitted to stay in possession of the Premises during Property for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Article 17 (but not including those set forth in this Section 17.3). If any statute or rule of law shall limit the amount of such year. In additionfinal liquidated damages to less than the amount agreed upon, Landlord Lessor shall be entitled to recover from Tenant the projected, in the case of recovery maximum amount allowable under clause (I) above, such statute or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) belowlaw.

Acceleration of Rent. In If after the event of Completion Date a monetary Lease Event of Default by shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 17.1, and whether or not Lessor shall have collected any current liquidated 25 21 damages pursuant to Section 17.3(c), Lessor may upon written notice to TenantLessee accelerate all payments of Basic Rent due hereunder and, Landlord may recover from Tenant upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the Rent and other charges payable by Tenant date of such acceleration (it being agreed that it would be impossible accurately to Landlord up determine actual damages) an amount equal to the time sum of such termination and, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) all Basic Rent (assuming interest at a rate per annum equal to the aggregate Overdue Rate), as applicable, due from the date of such acceleration until the end of the Rent and other charges projected over the then remaining current term of the Lease exceeds Term, plus (b) the aggregate projected rental value Maximum Residual Guarantee Amount that would be payable under Section 21.1(c) assuming the proceeds of the Premises for sale pursuant to such period (assuming an initial eighteen month vacancy period)Section 21.1(c) are equal to zero, each which sum is then discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal rate then being paid on United States treasury securities with maturities corresponding to the Rent and other charges which would have been payable then remaining Term. Following payment of such amount by Tenant for such year had the Lease not been so terminatedLessee, less net rents actually received by Landlord from a reletting Lessee will be permitted to stay in possession of the Premises during Property for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Section 17 (but not including those set forth in this Section 17.3). If any statute or rule of law shall limit the amount of such year. In additionfinal liquidated damages to less than the amount agreed upon, Landlord Lessor shall be entitled to recover from Tenant the projected, in the case of recovery maximum amount allowable under clause (I) above, such statute or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) belowlaw.

Acceleration of Rent. In the event of If a monetary Lease Event of Default by shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 17.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 17.3(c), Lessor may upon written notice to TenantLessee accelerate all payments of Basic Rent due hereunder and, Landlord may recover from Tenant upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the Rent and other charges payable by Tenant date of such acceleration (it being agreed that it would be impossible accurately to Landlord up determine actual damages) an amount equal to the time sum of such termination and, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) all Basic Rent (assuming interest at a rate per annum equal to the aggregate Overdue Rate), as applicable, due from the date of such acceleration until the end of the Rent and other charges projected over the then remaining current term of the Lease exceeds Term, plus (b) the aggregate projected rental value Maximum Residual Guarantee Amount that would be payable under Section 21.1(c) assuming the proceeds of the Premises for sale pursuant to such period (assuming an initial eighteen month vacancy period)Section 21.1(c) are equal to zero, each which sum is then discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal rate then being paid on United States treasury securities with maturities corresponding to the Rent and other charges which would have been payable then remaining Term. Following payment of such amount by Tenant for such year had the Lease not been so terminatedLessee, less net rents actually received by Landlord from a reletting Lessee will be permitted to stay in possession of the Premises during Property for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Section 17 (but not including those set forth in this Section 17.3). If any statute or rule of law shall limit the amount of such year. In additionfinal liquidated damages to less than the amount agreed upon, Landlord Lessor shall be entitled to recover from Tenant the projected, in the case of recovery maximum amount allowable under clause (I) above, such statute or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) belowlaw.

Acceleration of Rent. In the event of a monetary Upon one (1) business day's prior notice to Tenant and Tenant's failure to cure same within such cure period (upon such cure no Event of Default by notice shall be deemed to Tenanthave occurred), Landlord may recover from Tenant shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord's option, any other charges Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant to within five (5) days after Landlord up to the time of has so notified Tenant, such termination and, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) the aggregate of the Rent and other charges projected over the then remaining current term of the Lease exceeds (b) the aggregate projected rental value of the Premises for such period (assuming an initial eighteen month vacancy period), each collected from Tenant shall be discounted to current present value at a using an interest rate equal to the Prime Rate plus two of six percent (26%) percent (the “Accelerated per annum. Additional Rent Component / Damage Calculation Amount”)which has not been included, in whole or (2) obtain annually amounts equal to the Rent in part, in accelerated rent, shall be due and other charges which would have been payable by Tenant for such year had during the Lease not been so terminated, less net rents actually received by Landlord from a reletting remainder of the Premises during such year. In addition, Landlord shall be entitled to recover from Tenant the projectedTerm, in the case of recovery under clause (I) above, or amounts and at the actual, times otherwise provided for in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s 's further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s 's termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s 's obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below. In the event Landlord accelerates and Tenants pays such accelerated Rent, Landlord shall use best efforts to mitigate its loss and relet the Premises. Landlord shall, as required by law and subsection (d) below, promptly refund to Tenant any net funds received from successful mitigation after costs and commissions.

Acceleration of Rent. In the event of a monetary Event of Default by By notice to Tenant, Landlord may recover from Tenant the accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s option, any other charges Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, plus all costs incurred by Landlord relating to Tenant’s breach of the Lease, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant shall be discounted to Landlord up to present value using an interest rate of six percent (6%) per annum, minus the fair market rental value for the balance of the Term, determined as of the time of such termination anddefault, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) the aggregate of the Rent and other charges projected over the then remaining current term of the Lease exceeds (b) the aggregate projected rental value of the Premises for such period (assuming an initial eighteen month vacancy period), each discounted to current present value at a rate equal to the Prime Rate plus two of six percent (26%) percent (the “Accelerated per annum. Additional Rent Component / Damage Calculation Amount”)which has not been included, in whole or (2) obtain annually amounts equal to the Rent in part, in accelerated rent, shall be due and other charges which would have been payable by Tenant for such year had during the Lease not been so terminated, less net rents actually received by Landlord from a reletting remainder of the Premises during such year. In addition, Landlord shall be entitled to recover from Tenant the projectedTerm, in the case of recovery under clause (I) above, or amounts and at the actual, times otherwise provided for in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Acceleration of Rent. In the event of If a monetary Lease Event of Default by shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 17.1, and whether or not Agent Lessor shall have collected any current liquidated damages pursuant to Section 17.3(c), Agent Lessor may upon written notice to TenantLessee accelerate all payments of Capitalized Interest and Basic Rent due hereunder and, Landlord may recover from Tenant upon such acceleration, Lessee shall immediately pay Agent Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the Rent and other charges payable by Tenant to Landlord up date of such acceleration an amount equal to the time sum of such termination and, as damages, at (and subject to the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) belowlimits set forth in Section 17.2(a), ) (a) all Capitalized Interest and Basic Rent (assuming interest at a rate per annum equal to the aggregate Overdue Rate), as applicable, due from the date of such acceleration until the end of the Rent and other charges projected over the then remaining current term of the Lease exceeds Term, plus (b) the aggregate projected rental value Maximum Residual Guarantee Amount or Construction Period Maximum Recourse Amount that would be payable under Section 21.1(c) or under Section 5.3(c) of the Premises for Construction Agency Agreement assuming the proceeds of the sale pursuant to such period (assuming an initial eighteen month vacancy period)Section 21.1(c) are equal to zero, each which sum is then discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (blended Lessor Yield and the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal interest on the Loans applicable to the Rent and other charges which would have been payable by Tenant for Property on such year had date (offsetting, at the Lease not been so terminatedoption of Agent Lessor, less net rents actually received by Landlord from a reletting against such amount the aggregate amount of the Premises during Defeasance Deposit Collateral). Following payment of such year. In addition, Landlord shall be entitled to recover from Tenant the projected, in the case of recovery under clause (I) above, or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right amount by notice to TenantLessee, (i) if during the Term, Lessee will be permitted to terminate Tenant’s further right to stay in possession of the Premises Property for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Agent Lessor shall have all the rights and remedies set forth in this Article XVII (but not including those set forth in this Section 17.3), and (ii) to terminate this Lease under subparagraph (b) below; if during the Construction Period, the provisions of Sections 5.3, 5.4 and if Tenant shall have paid part but not all 5.5 of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease Construction Agency Agreement shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) belowcontrol.

Acceleration of Rent. In the event of If a monetary Lease Event of Default by shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 17.1, and whether or not Agent Lessor shall have collected any current liquidated damages pursuant to Section 17.3(c), Agent Lessor may upon written notice to TenantLessee accelerate all payments of Capitalized Interest, Landlord may recover from Tenant Basic Rent due hereunder and, upon such acceleration, Lessee shall immediately pay Agent Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the Rent and other charges payable by Tenant date of such acceleration (it being agreed that it would be impossible accurately to Landlord up determine actual damages) an amount equal to the time of such termination and, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), sum (a) all Capitalized Interest and Basic Rent (assuming interest at a rate per annum equal to the aggregate Overdue Rate), as applicable, due from the date of such acceleration until the end of the Rent and other charges projected over the then remaining current term of the Lease exceeds Term, PLUS (b) the aggregate projected rental value Maximum Residual Guarantee Amount or Construction Period Maximum Recourse Amount that would be payable under Section 21.1(c) or under the Agency Agreement assuming the proceeds of the Premises for sale pursuant to such period (assuming an initial eighteen month vacancy period)Section 21.1(c) are equal to zero, each which sum is then discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (blended Lessor Yield and the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal interest on the Loans applicable to the Rent and other charges which would have been payable by Tenant for Property on such year had date (offsetting, at the Lease not been so terminatedoption of Agent Lessor, less net rents actually received by Landlord from a reletting against such amount the aggregate amount of the Premises during Defeasance Deposit Collateral). Following payment of such yearamount by Xxxxxx, Lessee will be permitted to stay in possession of the Property for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Agent Lessor shall have all the rights and remedies set forth in this Article XVII (but not including those set forth in this Section 17.3). In additionIf any statute or rule of law shall limit the amount of such final liquidated damages to less than the amount agreed upon, Landlord Agent Lessor shall be entitled to recover from Tenant the projected, in the case of recovery maximum amount allowable under clause (I) above, such statute or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) belowlaw.

Acceleration of Rent. In the event of If a monetary Lease Event of Default by shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 17.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 17.3(c), Lessor may upon written notice to TenantLessee accelerate all payments of Basic Rent due hereunder and, Landlord may recover from Tenant upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the Rent and other charges payable by Tenant date of such acceleration (it being agreed that it would be impossible accurately to Landlord up determine actual damages) an amount equal to the time sum of such termination and, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) all Basic Rent (assuming interest at a rate per annum equal to the aggregate Overdue Rate), as applicable, due from the date of such acceleration until the end of the Rent and other charges projected over the then remaining current term of the Lease exceeds Term, plus (b) the aggregate projected rental value Maximum Residual Guarantee Amount that would be payable under Section 21.1(c) assuming the proceeds of the Premises for sale pursuant to such period (assuming an initial eighteen month vacancy period)Section 21.1(c) are equal to zero, each which sum is then discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal rate then being paid on United States treasury securities with maturities corresponding to the Rent and other charges which would have been payable then remaining Term. Following payment of such amount by Tenant for such year had the Lease not been so terminatedLessee, less net rents actually received by Landlord from a reletting Lessee will be permitted to stay in possession of the Premises during Property for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Section 17 (but not including those set forth in this Section 17.3). If any statute or rule of law shall limit the amount of such year. In additionfinal liquidated damages to less than the amount agreed upon, Landlord Lessor shall be entitled to recover from Tenant the projected, in the case of recovery maximum amount allowable under clause (I) above, such statute or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.law. 4

Acceleration of Rent. In the event of If a monetary Lease Event of Default by shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to SECTION 17.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to SECTION 17.3(C), Lessor may upon written notice to TenantLessee accelerate all payments of Capitalized Interest, Landlord may recover from Tenant Capitalized Holder Yield and Basic Rent due hereunder and, upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the Rent and other charges payable by Tenant to Landlord up date of such acceleration an amount equal to the time sum of such termination and, as damages, at (and subject to the election of Landlord at any time thereafter, either (1limits set forth in SECTION 17.2(A)) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) all Capitalized Interest, Capitalized Holder Yield and Basic Rent (assuming interest at a rate per annum equal to the aggregate Overdue Rate), as applicable, due from the date of such acceleration until the end of the Rent and other charges projected over the then remaining current term of the Lease exceeds Term, plus (b) the aggregate projected rental value Maximum Residual Guarantee Amount or Construction Period Maximum Recourse Amount that would be payable under SECTION 21.1(C) or under Section 5.3(d) of the Premises for Construction Agency Agreement assuming the proceeds of the sale pursuant to such period (assuming an initial eighteen month vacancy period)SECTION 21.1(C) are equal to zero, each which sum is then discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (blended Lessor Yield and the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal interest on the Loans applicable to the Rent and other charges which would have been payable by Tenant for Properties on such year had date (offsetting, at the Lease not been so terminatedoption of Lessor, less net rents actually received by Landlord from a reletting against such amount the aggregate amount of the Premises during Pledged Collateral). Following payment of such year. In addition, Landlord shall be entitled to recover from Tenant the projected, in the case of recovery under clause (I) above, or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right amount by notice to TenantLessee, (i) if during the Term, Lessee will be permitted to terminate Tenant’s further right to stay in possession of the Premises Properties for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Article XVII (but not including those set forth in this SECTION 17.3), and (ii) to terminate this Lease under subparagraph (b) below; if during the Construction Period, the provisions of Sections 5.3, 5.4 and if Tenant shall have paid part but not all 5.5 of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease Construction Agency Agreement shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) belowcontrol.

Acceleration of Rent. In the event of If a monetary Lease Event of Default by shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 17.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 17.3(c), Lessor may upon written notice to TenantLessee accelerate all payments of Basic Rent due hereunder and, Landlord may recover from Tenant upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the Rent and other charges payable by Tenant date of such acceleration (it being agreed that it would be impossible accurately to Landlord up determine actual damages) an amount equal to the time sum of such termination and, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) all Basic Rent (assuming interest at a rate per annum equal to the aggregate Overdue Rate), as applicable, due from the date of such acceleration until the end of the Rent and other charges projected over the then remaining current term of the Lease exceeds Term, plus ---- (b) the aggregate projected rental value Maximum Residual Guarantee Amount that would be payable under Section 21.1(c) assuming the proceeds of the Premises for sale pursuant to such period (assuming an initial eighteen month vacancy period)Section 21.1(c) are equal to zero, each which sum is then discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal rate then being paid on United States treasury securities with maturities corresponding to the Rent and other charges which would have been payable then remaining Term. Following payment of such amount by Tenant for such year had the Lease not been so terminatedLessee, less net rents actually received by Landlord from a reletting Lessee will be permitted to stay in possession of the Premises during Property for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Section 17 (but not including those set forth in this Section 17.3). If any statute or rule of law shall limit the amount of such year. In additionfinal liquidated damages to less than the amount agreed upon, Landlord Lessor shall be entitled to recover from Tenant the projected, in the case of recovery maximum amount allowable under clause (I) above, such statute or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) belowlaw.

Acceleration of Rent. In If, after the event Completion Date, a Lease Event of a monetary -------------------- Default shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 17.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 17.3(c), Lessor may upon written notice to Lessee accelerate all payments of Basic Rent due hereunder and, upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default by notice beyond the date of such acceleration (it being agreed that it would be impossible accurately to Tenant, Landlord may recover from Tenant the Rent and other charges payable by Tenant to Landlord up determine actual damages) an amount equal to the time sum of such termination and, as damages, at the election of Landlord at any time thereafter, either (1) the amount by which, at the time of the termination of this Lease (or at any time or times thereafter under clause (2) below), (a) all Basic Rent (assuming interest at a rate per annum equal to the aggregate Overdue Rate), as applicable, due from the date of such acceleration until the end of the Rent and other charges projected over the then remaining current term of the Lease exceeds Term, plus (b) the aggregate projected rental value Maximum ---- Residual Guarantee Amount that would be payable under Section 21.1(c) assuming the proceeds of the Premises for sale pursuant to such period (assuming an initial eighteen month vacancy period)Section 21.1(c) are equal to zero, each which sum is then discounted to current present value at a rate equal to the Prime Rate plus two (2%) percent (the “Accelerated Rent Component / Damage Calculation Amount”), or (2) obtain annually amounts equal rate then being paid on United States treasury securities with maturities corresponding to the then remaining Term; provided that Lessee's obligation to make payments of -------- Basic Rent and other charges which would Supplemental Rent under this Section 17.3 shall continue only so long as Lessor shall not have been payable received the amounts specified in Section 17.2. Following payment of such amount by Tenant for such year had the Lease not been so terminatedLessee, less net rents actually received by Landlord from a reletting Lessee will be permitted to stay in possession of the Premises during Property for the remainder of the Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Section 17 (but not including those set forth in this Section 17.3). If any statute or rule of law shall limit the amount of such year. In additionfinal liquidated damages to less than the amount agreed upon, Landlord Lessor shall be entitled to recover from Tenant the projected, in the case of recovery maximum amount allowable under clause (I) above, such statute or the actual, in the case of recovery under clause (2) above, reasonable expenses of terminating this Lease, as well as the reasonable expenses of re-letting, including altering and preparing the Premises for new tenants, brokers’ commissions, and all other similar and dissimilar expenses incurred as a result of Tenant’s default. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) belowlaw.