Common use of Continuing Liability After Termination Clause in Contracts

Continuing Liability After Termination. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Basic Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all Landlord's expenses in connection with such reletting, including, but without limitation, the expenses enumerated in section 25.03. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Basic Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Basic Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord will be entitled to recover against Tenant, as damages for loss of the bargain and not as a penalty, an aggregate rent which, at the time of such termination of this Lease, represents the excess of the aggregate of Monthly Base Rent and all other Rent payable by Tenant that would have accrued for the balance of the of the Term over the aggregate rental value of the Premises (such rental value to be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease) for the balance of such Term, both discounted to present value at the lesser of eight (8%) percent or the discount rate of the New York Federal Reserve Bank on the date of the Event of Default.

Appears in 2 contracts

Samples: Lease Agreement (Inventa Technologies Inc), Lease Agreement (Arbinet Thexchange Inc)

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Continuing Liability After Termination. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Basic monthly Rent and other amounts which that would have been owing by Tenant for the balance of the Term, term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all of Landlord's expenses in connection with such reletting, including, but without limitation, the expenses enumerated in section 25.03Section 24.3. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Basic monthly Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Basic monthly Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord will be entitled to recover against Tenant, Tenant as damages for loss of the bargain and not as a penalty, an aggregate rent which, : (a) The worth at the time of such termination of this Lease, represents the excess award of the aggregate unpaid Rent that had been earned at the time of Monthly Base termination; (b) The worth at the time of award of the amount by which the unpaid Rent and all other Rent payable by Tenant that would have accrued been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the term of this Lease (had the Term over same not been so terminated by Landlord) after the aggregate rental value time of award exceeds the Premises (amount of such rental value to loss that Tenant proves could be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease) for the balance of such Term, both discounted to present value at the lesser of eight (8%) percent or the discount rate of the New York Federal Reserve Bank on the date of the Event of Default.reasonably avoided; and

Appears in 1 contract

Samples: Asset Purchase Agreement (Egghead Inc /Wa/)

Continuing Liability After Termination. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Basic Base Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all Landlord's expenses .expenses in connection with such reletting, including, but without limitation, the expenses enumerated in section Section 25.03. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Basic Base Rent and other amounts would have been payable under this Lease if this the Lease had not been terminated, and Landlord will be entitled to receive such Monthly Basic Base Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event that this Lease is so terminated, Landlord will be entitled to recover against Tenant, as damages for loss of the bargain and not as a penalty, an aggregate rent Rent which, at the time of such termination of this Lease, represents the excess of the aggregate of Monthly Base Rent and all other Rent payable by Tenant that would have accrued for the balance of the of the Term over the aggregate rental value of the Premises premises (such rental value to be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease) for the balance of such Termterm, both discounted to present value at the lesser of eight Eight (8%) percent or the discount rate of the New York Federal Reserve Bank on the date of the Event of Defaultpercent.

Appears in 1 contract

Samples: Lease Agreement (Fields Technologies Inc)

Continuing Liability After Termination. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Basic the Rent and other amounts which that would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all Landlord's of Landlord reasonable expenses in connection with such reletting, including, but including without limitation, limitation the expenses enumerated in section 25.03Section 15.4. Landlord will be entitled to collect such damages from Tenant monthly monthly, as accrued, on the day on which Monthly Basic Minimum Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Basic Minimum Rent and other amounts from Tenant on each such day, in the monthly or other installments or payments which would have been payable under this Lease had this Lease not been terminated, net of proceeds of reletting as aforesaid. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord will be entitled to recover against Tenant, Tenant as damages for loss of the bargain and not as a penalty, an aggregate rent which, at the time of such termination of this Lease, represents the excess of the aggregate of Monthly Base Rent and all other Rent payable by Tenant that would have accrued for the balance of the of the Term over the aggregate rental value of the Premises (such rental value to be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease) for the balance of such Term, both discounted to present value at the lesser of eight (8%) percent or the discount rate of the New York Federal Reserve Bank on the date of the Event of Default.,

Appears in 1 contract

Samples: Independence Blue Cross Agreement (Wells Real Estate Investment Trust Inc)

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Continuing Liability After Termination. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will remain liable to Landlord for damages in an amount equal to Monthly Basic Base Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all Landlord's expenses in connection with such reletting, including, but without limitation, the expenses enumerated in section Section 25.03. Landlord will be entitled to collect such damages from Tenant monthly on the day on which Monthly Basic Base Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will be entitled to receive such Monthly Basic Base Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord will be entitled to recover against Tenant, as damages for loss of the bargain and not as a penalty, an aggregate rent Rent which, at the time of such termination of this Lease, represents the excess of the aggregate of Monthly Base Rent and all other Rent payable by Tenant that would have accrued for the balance of the of the Term over the aggregate rental value of the Premises (such rental value to be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease) for the balance of such Termterm, both discounted to present value at the lesser of eight six (86%) percent or the discount rate of the New York Federal Reserve Bank on the date of the Event of Defaultpercent."

Appears in 1 contract

Samples: Business Center Lease (Ion Networks Inc)

Continuing Liability After Termination. If this Lease is terminated on account of the occurrence of an Event of Default, Tenant will shall remain liable to Landlord for damages in an amount equal to Base Monthly Basic Rent and other amounts which would have been owing by Tenant for the balance of the Term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Leased Premises by Landlord subsequent to such termination, after deducting all Landlord's Landlords expenses in connection with such reletting, including, but without limitation, the expenses enumerated in section 25.03Section 25.04. Landlord will shall be entitled to collect such damages from Tenant monthly on the day on which Base Monthly Basic Rent and other amounts would have been payable under this Lease if this Lease had not been terminated, and Landlord will shall be entitled to receive such Base Monthly Basic Rent and other amounts from Tenant on each such day. Alternatively, at the option of Landlord, in the event this Lease is so terminated, Landlord will shall be entitled to recover against Tenant, Tenant as aggregate damages for loss of the bargain and not as a penalty, an aggregate rent amount which, at the time of such termination of this Lease, represents the excess of the aggregate of Base Monthly Base Rent and all other Rent payable by Tenant that would have accrued for the balance of the of the Term over the aggregate rental value of the Leased Premises (such rental value to be computed on the basis of a tenant paying not only a rent to Landlord for the use and occupation of the Leased Premises, but also such other charges as are required to be paid by Tenant under the terms of this Lease) for the balance of such Termterm, both discounted to present value at the lesser of eight percent (8%) percent or the discount rate of the New York Federal Reserve Bank on the date of the Event of Default.

Appears in 1 contract

Samples: Lease (Mirion Technologies, Inc.)

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