Common use of Calculation of Damages Clause in Contracts

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s default, for the amount of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunder.

Calculation of Damages. (A) If this Lease is terminated terminates by reason of the occurrence of an Event of Default or by reason of the occurrence of an Insolvency Event, then Tenant shall pay to Landlord, on demand, and Landlord shall be entitled to recover: (1) all Rental payable under this Lease by Tenant to Landlord (x) to the date that this Lease terminates, or (y) to the date of re-entry upon the Premises by Landlord, as provided in Paragraph 8.2(a)(ithe case may be; (2) above, Tenant, until the end excess of (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term, or what would have been over (b) the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of clause (2) of Section 21.1 (A) hereof for any part of such Term in the absence of any period (such event, shall be liable excess being referred to Landlordherein as a “Deficiency”), as damages for Tenant’s default, for (it being understood that (x) such net amount described in clause (b) above shall be calculated by deducting from the amount rents collected under any such reletting all of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with the termination of this Lease, Landlord’s re-entry upon the Premises and such reletting, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ feesfees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting. , (y) any such Deficiency shall be paid in monthly installments by Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if specified in this Lease were still in effectfor payment of installments of Fixed Rent or Escalation Rent (as the case may be), and (z) Landlord shall be entitled to recover from Tenant such damages each monthly Deficiency as it arises, and no suit to collect the same amount of the Deficiency for any month shall arise. If Base Rent prejudice Landlord’s right to collect the Deficiency for any subsequent month by a similar proceeding); and (3) regardless of whether Landlord has collected any monthly Deficiency as aforesaid, and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one paymentlieu of any further Deficiency, as damages and for Tenant’s defaultliquidated and agreed final damages, an amount equal to the total amount excess (if any) of Base Rent and additional rent reserved in this Lease from (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term (commencing on the date of default immediately succeeding the last date with respect to which a Deficiency, if any, was collected), over (b) the date of expiration of the Term, minus such then fair and reasonable net proceeds of reletting effective rental value of the Premises for the same period (which is calculated by (X) deducting from the fair and reasonable rental value of the Premises the expenses that Tenant proves could be collected by Landlord would reasonably expect to incur in mitigation, after deducting all Landlord’s expenses in connection with such relettingreletting the Premises, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ feesfees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting, all and (Y) taking into account the time period that Landlord would reasonably require to consummate a reletting of the Premises to a new tenant), both discounted to present value at a fixed annual interest rate equal the Base Rate. If, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, have been relet by Landlord to any Person other than an Affiliate of Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, then the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value of the Premises (or the applicable part thereof) so relet during the term of the reletting. (B) If the Premises, or any part thereof, are relet together with other space in the Building, then the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this Section 21.3. Tenant acknowledges and agrees that in no event shall it be entitled to any rents collected or payable under any reletting, regardless of whether such rents exceed the Rental reserved in this Lease. (C) Nothing contained in this Article 21 shall be deemed to limit or preclude the recovery by Landlord from Tenant of the maximum amount allowed to be obtained as damages by any applicable statute or rule of law, or of any sums or damages to which Landlord may be lawfully entitled in addition to the Federal Funds Rate as published damages set forth in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderthis Section 21.3.

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s default, for the amount of the Base Rent and all Additional Rent additional rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent additional rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all Term discounted at a fixed annual interest rate equal to the Federal Funds Prime Rate plus 2%. The Prime Rate shall mean the interest rate per annum as published announced by the Canadian Imperial Bank of Commerce at the principal office of such bank in The Wall Street Journal Calgary, Alberta and reported to the Bank of Canada as its prime rate on the date of Landlord’s election to accelerate the rents hereunder. Whether or not the Lease is terminated, Landlord shall in no way be responsible or liable for any failure to relet the Premises or for any failure to collect any rent upon such reletting.

Calculation of Damages. (A) If this Lease is terminated terminates by reason of the occurrence of an Event of Default or by reason of the occurrence of an Insolvency Event, then Tenant shall pay to Landlord, on demand, and Landlord shall be entitled to recover: (1) all Rental payable under this Lease by Tenant to Landlord (x) to the date that this Lease terminates, or (y) to the date of re-entry upon the Premises by Landlord, as provided in Paragraph 8.2(a)(ithe case may be; (2) above, Tenant, until the end excess of (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term, or what would have been over (b) the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of clause (2) of Section 21.1(A) hereof for any part of such Term in the absence of any period (such event, shall be liable excess being referred to Landlordherein as a “Deficiency”), as damages for Tenant’s default, for (it being understood that (x) such net amount described in clause (b) above shall be calculated by deducting from the amount rents collected under any such reletting all of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with the termination of this Lease, Landlord’s re-entry upon the Premises and such reletting, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ feesfees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting. , (y) any such Deficiency shall be paid in monthly installments by Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if specified in this Lease were still in effectfor payment of installments of Fixed Rent or Escalation Rent (as the case may be), and (z) Landlord shall be entitled to recover from Tenant such damages each monthly Deficiency as it arises, and no suit to collect the same amount of the Deficiency for any month shall arise. If Base Rent prejudice Landlord’s right to collect the Deficiency for any subsequent month by a similar proceeding); and (3) regardless of whether Landlord has collected any monthly Deficiency as aforesaid, and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one paymentlieu of any further Deficiency, as damages and for Tenant’s defaultliquidated and agreed final damages, an amount equal to the total amount excess (if any) of Base Rent and additional rent reserved in this Lease from (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term (commencing on the date of default immediately succeeding the last date with respect to which a Deficiency, if any, was collected), over (b) the date of expiration of the Term, minus such then fair and reasonable net proceeds of reletting effective rental value of the Premises for the same period (which is calculated by (X) deducting from the fair and reasonable rental value of the Premises the expenses that Tenant proves could be collected by Landlord would reasonably expect to incur in mitigation, after deducting all Landlord’s expenses in connection with such relettingreletting the Premises, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ feesfees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting, all and (Y) taking into account the time period that Landlord would reasonably require to consummate a reletting of the Premises to a new tenant), both discounted to present value at a fixed annual interest rate equal the Base Rate. If, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, have been relet by Landlord to any Person other than an Affiliate of Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, then the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value of the Premises (or the applicable part thereof) so relet during the term of the reletting. (B) If the Premises, or any part thereof, are relet together with other space in the Building, then the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this Section 21.3. Tenant acknowledges and agrees that in no event shall it be entitled to any rents collected or payable under any reletting, regardless of whether such rents exceed the Rental reserved in this Lease. (C) Nothing contained in this Article 21 shall be deemed to limit or preclude the recovery by Landlord from Tenant of the maximum amount allowed to be obtained as damages by any applicable statute or rule of law, or of any sums or damages to which Landlord may be lawfully entitled in addition to the Federal Funds Rate as published damages set forth in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderthis Section 21.3.

Calculation of Damages. (A) If this Lease is terminated terminates by reason of the occurrence of an Event of Default or by reason of the occurrence of an Insolvency Event, then Tenant shall pay to Landlord, on demand, and Landlord shall be entitled to recover: (1) all Rental payable under this Lease by Tenant to Landlord (x) to the date that this Lease terminates, or (y) to the date of re-entry upon the Premises by Landlord, as provided in Paragraph 8.2(a)(ithe case may be; (2) above, Tenant, until the end excess of (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term, or what would have been over (b) the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of clause (2) of Section 23.1(A) hereof for any part of such Term in the absence of any period (such event, shall be liable excess being referred to Landlordherein as a "Deficiency"), as damages for Tenant’s default, for (it being understood that (x) such net amount described in clause (b) above shall be calculated by deducting from the amount rents collected under any such reletting all of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s 's expenses in connection with the termination of this Lease, Landlord's re-entry upon the Premises and such reletting, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees' fees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting. , (y) any such Deficiency shall be paid in monthly installments by Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if specified in this Lease were still in effectfor payment of installments of Fixed Rent or Escalation Rent (as the case may be), and (z) Landlord shall be entitled to recover from Tenant such damages each monthly Deficiency as it arises, and no suit to collect the same amount of the Deficiency for any month shall arise. If Base Rent prejudice Landlord's right to collect the Deficiency for any subsequent month by a similar proceeding); and (3) regardless of whether Landlord has collected any monthly Deficiency as aforesaid, and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one paymentlieu of any further Deficiency, as damages and for Tenant’s defaultliquidated and agreed final damages, an amount equal to the total amount excess (if any) of Base Rent and additional rent reserved in this Lease from (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term (commencing on the date of default immediately succeeding the last date with respect to which a Deficiency, if any, was collected), over (b) the date of expiration of the Term, minus such then fair and reasonable net proceeds of reletting effective rental value of the Premises for the same period (which is calculated by (X) deducting from the fair and reasonable rental value of the Premises the expenses that Tenant proves could be collected by Landlord would reasonably expect to incur in mitigation, after deducting all Landlord’s expenses in connection with such relettingreletting the Premises, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees' fees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting, all and (Y) taking into account the time period that Landlord would reasonably require to consummate a reletting of the Premises to a new tenant), both discounted to present value at a fixed annual interest rate equal the Base Rate. If, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, have been relet by Landlord to any Person other than an Affiliate of Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, then the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value of the Premises (or the applicable part thereof) so relet during the term of the reletting. (B) If the Premises, or any part thereof, are relet together with other space in the Building, then the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this Section 23.3. Tenant acknowledges and agrees that in no event shall it be entitled to any rents collected or payable under any reletting, regardless of whether such rents exceed the Rental reserved in this Lease. (C) Nothing contained in this Article 23 shall be deemed to limit or preclude the recovery by Landlord from Tenant of the maximum amount allowed to be obtained as damages by any applicable statute or rule of law, or of any sums or damages to which Landlord may be lawfully entitled in addition to the Federal Funds Rate as published damages set forth in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderthis Section 23.3.

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above8.2 or otherwise, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s 's default, for the amount of the Base Rent and all Additional Rent additional rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s 's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ ' fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) aboveIn lieu of the foregoing computation of damages, Tenant shall be liable Landlord may elect, at its sole option, to pay to Landlord, receive liquidated damages in one payment, as damages for Tenant’s default, an amount payment equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all Term discounted at a fixed annual interest rate equal to the Federal Funds Prime Rate as plus 2%. The Prime Rate shall be the prime rate published in The the Wall Street Journal on the date of Landlord’s 's election to accelerate the rents hereunder. Whether or not the Lease is terminated, Landlord shall in no way be responsible or liable for any failure to relet the Premises or for any failure to collect any rent upon such reletting.

Calculation of Damages. (A) If this Lease is terminated terminates by reason of the occurrence of an Event of Default or by reason of the occurrence of an Insolvency Event, then Tenant shall pay to Landlord, on demand, and Landlord shall be entitled to recover: (1) all Rental payable under this Lease by Tenant to Landlord (x) to the date that this Lease terminates, or (y) to the date of re-entry upon the Premises by Landlord, as provided in Paragraph 8.2(a)(ithe case may be; (2) above, Tenant, until the end excess of (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term, or what would have been over (b) the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of clause (2) of Section 22.1(A) hereof for any part of such Term in the absence of any period (such event, shall be liable excess being referred to Landlordherein as a “Deficiency”), as damages for Tenant’s default, for (it being understood that (x) such net amount described in clause (b) above shall be calculated by deducting from the amount rents collected under any such reletting all of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with the termination of this Lease, Landlord’s re-entry upon the Premises and such reletting, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ feesfees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting. , (y) any such Deficiency shall be paid in monthly installments by Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if specified in this Lease were still in effectfor payment of installments of Fixed Rent, and (z) Landlord shall be entitled to recover from Tenant such damages each monthly Deficiency as it arises, and no suit to collect the same amount of the Deficiency for any month shall arise. If Base Rent prejudice Landlord’s right to collect the Deficiency for any subsequent month by a similar proceeding); and (3) regardless of whether Landlord has collected any monthly Deficiency as aforesaid, and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one paymentlieu of any further Deficiency, as damages and for Tenant’s defaultliquidated and agreed final damages, an amount equal to the total amount excess of Base Rent and additional rent reserved in this Lease from (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term (commencing on the date of default immediately succeeding the last date with respect to which a Deficiency, if any, was collected), over (b) the date of expiration of the Term, minus such then fair and reasonable net proceeds of reletting effective rental value of the Premises for the same period (which is calculated by deducting from the fair and reasonable rental value of the Premises the expenses that Tenant proves could be collected by Landlord would reasonably expect to incur in mitigation, after deducting all Landlord’s expenses in connection with such relettingreletting the Premises, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ feesfees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting), all both discounted to present value at a fixed annual interest rate equal the Base Rate. If, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, have been relet by Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, then the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value of the Premises (or the applicable part thereof) so relet during the term of the reletting. (B) If the Premises, or any part thereof, are relet together with other space in the Building, then the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this Section 22.3. Tenant acknowledges and agrees that in no event shall it be entitled to any rents collected or payable under any reletting, regardless of whether such rents exceed the Rental reserved in this Lease. (C) Nothing contained in this Article 22 shall be deemed to limit or preclude the recovery by Landlord from Tenant of the maximum amount allowed to be obtained as damages by any statute or rule of law, or of any sums or damages to which Landlord may be entitled in addition to the Federal Funds Rate as published damages set forth in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderthis Section 22.3.

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s default, for the amount of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s out of pocket expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent Additional Rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of less the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation fair market rental value of the Premises for such relettingperiod, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The the Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunder. Whether or not the Lease is terminated, Landlord shall in no way be responsible or liable for any failure to relet the Premises or for any failure to collect any rent upon such reletting.

Calculation of Damages. (A) If this Lease is terminated terminates by reason of the occurrence of an Event of Default or by reason of the occurrence of an Insolvency Event, then Tenant shall pay to Landlord, on demand, and Landlord shall be entitled to recover: (1) all Rental payable under this Lease by Tenant to Landlord (x) to the date that this Lease terminates, or (y) to the date of re-entry upon the Premises by Landlord, as provided in Paragraph 8.2(a)(ithe case may be; (2) above, Tenant, until the end excess of (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term, or what would have been over (b) the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of clause (2) of Section 24.1(A) hereof for any part of such Term in the absence of any period (such event, shall be liable excess being referred to Landlordherein as a “Deficiency”), as damages for Tenant’s default, for (it being understood that (x) such net amount described in clause (b) above shall be calculated by deducting from the amount rents collected under any such reletting all of the Base Rent and all Additional Rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with the termination of this Lease, Landlord’s re-entry upon the Premises and such reletting, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ feesfees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting. , (y) any such Deficiency shall be paid in monthly installments by Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if specified in this Lease were still in effectfor payment of installments of Fixed Rent or Escalation Rent (as the case may be), and (z) Landlord shall be entitled to recover from Tenant such damages each monthly Deficiency as it arises, and no suit to collect the same amount of the Deficiency for any month shall arise. If Base Rent prejudice Landlord’s right to collect the Deficiency for any subsequent month by a similar proceeding); and (3) regardless of whether Landlord has collected any monthly Deficiency as aforesaid, and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one paymentlieu of any further Deficiency, as damages and for Tenant’s defaultliquidated and agreed final damages, an amount equal to the total amount excess (if any) of Base Rent and additional rent reserved in this Lease from (a) the Rental for the period which otherwise would have constituted the unexpired portion of the Term (commencing on the date of default immediately succeeding the last date with respect to which a Deficiency, if any, was collected), over (b) the date of expiration of the Term, minus such then fair and reasonable net proceeds of reletting effective rental value of the Premises for the same period (which is calculated by (X) deducting from the fair and reasonable rental value of the Premises the customary expenses that Tenant proves could be collected by Landlord would reasonably expect to incur in mitigation, after deducting all Landlord’s expenses in connection with such relettingreletting the Premises, including, without limitationbut not limited to, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ feesfees and disbursements, alteration costs costs, contributions to work and other expenses of preparation of preparing the Premises for such reletting, all and (Y) taking into account the time period that Landlord would reasonably require to consummate a reletting of the Premises to a new tenant), both discounted to present value at a fixed annual interest rate equal the Base Rate. If, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, have been relet by Landlord to any Person other than an Affiliate of Landlord for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, then the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value of the Premises (or the applicable part thereof) so relet during the term of the reletting. (B) If the Premises, or any part thereof, are relet together with other space in the Building, then the rents collected or reserved under any such reletting and the expenses of any such reletting shall be equitably apportioned for the purposes of this Section 24.3. Tenant acknowledges and agrees that in no event shall it be entitled to any rents collected or payable under any reletting, regardless of whether such rents exceed the Rental reserved in this Lease. (C) Nothing contained in this Article 24 shall be deemed to limit or preclude the recovery by Landlord from Tenant of the maximum amount allowed to be obtained as damages by any applicable statute or rule of law, or of any sums or damages to which Landlord may be lawfully entitled in addition to the Federal Funds Rate as published damages set forth in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderthis Section 24.3.

Calculation of Damages. If this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end of the Term, or what would have been such Term in the absence of any such event, shall be liable to Landlord, as damages for Tenant’s default, for the amount of the Base Rent and all Additional Rent additional rent and other charges which would be payable under this lease by Tenant if this Lease were still in effect, less the net proceeds of any reletting of the Premises actually collected by Landlord after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting. Tenant shall pay such damages to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent additional rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of the Premises that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all Term discounted at a fixed annual interest rate equal to the Federal Funds Prime Rate as plus 2%. The Prime Rate shall be the prime rate published in The the Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunder. Whether or not the Lease is terminated, Landlord shall in no way be responsible or liable for any failure to relet the Premises or for any failure to collect any rent upon such reletting.

Calculation of Damages. If In the event that this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end under any of the Termprovisions contained in Section 7.1, or what would have been such Term in the absence of any such event, shall be liable Tenant covenants to pay forthwith to Landlord, as damages for Tenant’s defaultcompensation, the present value of excess of the total rent reserved for the amount residue of the Term over the fair market rental value of the Premises for said residue of the Term. In calculating the rent reserved and the fair market value of the Premises there shall be included, in addition to the Base Rent and all Additional Rent and additional rent, the value of all other charges which would considerations agreed to be payable under this lease paid or performed by Tenant if for said residue. If the Lease is not terminated and only Tenant's right of occupancy is terminated, then Tenant further covenants as an additional and cumulative obligation after any such termination to pay punctually to Landlord all the sums and perform all the obligations which Tenant covenants in this Lease were still to pay and to perform in effect, less the same manner and to the same extent and at the same time as if Tenant's occupancy had not been terminated. In calculating the amounts to be paid by Tenant under the immediately preceding sentence Tenant shall be credited with any amount paid by Tenant to Landlord and also with the net proceeds of any Rent obtained by Landlord by reletting the Premises, after deducting the monthly portion of the Premises actually collected by Landlord after deducting amortization at ten percent (10%) interest per annum of all Landlord’s 's reasonable expenses incurred in connection with such relettingreletting over the term of such new lease, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, fees for legal expenses, reasonable attorneys’ fees, alteration costs services and expenses of preparation of preparing the Premises for such reletting. Tenant shall pay such Landlord is obligated to exercise its best efforts to mitigate Tenant's damages and to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for Tenant’s default, an amount equal to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of re-let the Premises on terms that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderare commercially reasonable.

Calculation of Damages. If In the event that this Lease is terminated as provided in Paragraph 8.2(a)(i) above, Tenant, until the end under any of the Termprovisions contained in Section 7.1, or what would have been such Term in the absence of any such event, shall be liable Tenant covenants to pay forthwith to Landlord, as damages for Tenant’s defaultcompensation, the present value of excess of the total rent reserved for the amount residue of the Term over the fair market rental value of the Premises for said residue of the Term. In calculating the rent reserved and the fair market value of the Premises there shall be included, in addition to the Base Rent and all Additional Rent and additional rent, the value of all other charges which would considerations agreed to be payable under this lease paid or performed by Tenant if for said residue. If the Lease is not terminated and only Tenant’s right of occupancy is terminated, then Tenant further covenants as an additional and cumulative obligation after any such termination to pay punctually to Landlord all the sums and perform all the obligations which Tenant covenants in this Lease were still to pay and to perform in effect, less the same manner and to the same extent and at the same time as if Tenant’s occupancy had not been terminated. In calculating the amounts to be paid by Tenant under the immediately preceding sentence Tenant shall be credited with any amount paid by Tenant to Landlord and also with the net proceeds of any Rent obtained by Landlord by reletting the Premises, after deducting the monthly portion of the Premises actually collected by Landlord after deducting amortization at ten percent (10%) interest per annum of all Landlord’s reasonable expenses incurred in connection with such relettingreletting over the term of such new lease, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, fees for legal expenses, reasonable attorneys’ fees, alteration costs services and expenses of preparation of preparing the Premises for such reletting. Tenant shall pay such damages Landlord is obligated to Landlord monthly on the days on which the Base Rent and on the days on which Additional Rent would have been payable as if this Lease were still in effect, and Landlord shall be entitled exercise its best efforts to recover from Tenant such damages monthly as the same shall arise. If Base Rent and Additional Rent are accelerated and this Lease is terminated as provided in Paragraph 8.2(a)(ii) above, Tenant shall be liable to pay to Landlord, in one payment, as damages for mitigate Tenant’s default, an amount equal damages and to the total amount of Base Rent and additional rent reserved in this Lease from the date of default to the date of expiration of the Term, minus such net proceeds of reletting of re-let the Premises on terms that Tenant proves could be collected by Landlord in mitigation, after deducting all Landlord’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage and management commissions, operating expenses, legal expenses, reasonable attorneys’ fees, alteration costs and expenses of preparation of the Premises for such reletting, all discounted at a fixed annual interest rate equal to the Federal Funds Rate as published in The Wall Street Journal on the date of Landlord’s election to accelerate the rents hereunderare commercially reasonable.