Current Damages Clause Samples

Current Damages. If Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease, Landlord shall have the right to immediate recovery of all amounts then due hereunder. Such termination of possession shall not release Tenant, in whole or in part, from Tenant's obligation to pay Rent hereunder for the full Term, and Landlord shall have the right, from time to time, to recover from Tenant, and Tenant shall remain liable for, all Base Rent, Rent Adjustments and any other sums accruing as they become due under this Lease during the period from the date of such notice of termination of possession to the stated end of the Term, provided further Landlord may accelerate amounts due hereunder for a period of up to one year at a time. In any such case, Landlord may relet the Premises or any part thereof for the account of Tenant for such rent, for such time (which may be for a term extending beyond the Term of this Lease) and upon such terms as Landlord shall determine and may collect the rents from such reletting. Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant relative to such reletting. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate or reconstruct the same to the extent deemed by Landlord necessary or desirable and in connection therewith change the locks to the Premises, and Tenant upon demand shall pay the cost of all of the foregoing together with Landlord's expenses of reletting. The rents from any such reletting shall be applied first to the payment of the expenses of reentry, redecoration, reconstruction, repair and alterations and the expenses of reletting and second to the payment of Rent herein provided to be paid by Tenant. Any excess or residue shall operate only as an offsetting credit against the amount of Rent due and owing as the same thereafter becomes due and payable hereunder, and the use of such offsetting credit to reduce the amount of Rent due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess or residue and any such excess or residue shall belong to Landlord solely, and in no event shall Tenant be entitled to a credit on its indebtedness to Landlord in excess of the aggregate sum (including Base Rent and Rent Adjustments) which would have been paid by Tenant for the period for which the credit to Tenant is being determined, had no Def...

Current Damages. No termination or repossession provided for in Section 25.1 shall relieve Tenant of its liabilities and obligations hereunder (or under its instrument of guarantee), all of which shall survive such termination or repossession. In the event of any such termination or repossession, Tenant shall pay Landlord, in advance, on the first day of each month (and pro rata for the fraction of any month) for what would have been the entire balance of the original Term or of the current extension period, one-twelfth of the Annual Rental for the Premises, as defined in Section 25.5 hereof, less the proceeds (if any) of any reletting of the Premises which remain after deducting Landlord’s reasonable expenses in connection with such reletting. Such expenses shall include, without limitation, removal, storage and remodeling costs, the cost of painting and refurbishing the Premises and attorneys’ and brokers’ fees.

Current Damages. No termination or repossession provided for in Article 22.1 shall relieve Sublessee of its liabilities and obligations hereunder all of which shall survive such termination or repossession; provided however, that Sublessor shall use reasonable efforts to mitigate any damages resulting from any default by Sublessee hereunder. In the event of any such termination or repossession, Sublessee shall pay Sublessor, in advance, on the first day of each month (and pro rata for the fraction of any month) for what would have been the entire balance of the Base Term or if applicable, any Extension Term, one-twelfth of the Annual Rental (defined below) for the Premises less the proceeds (if any) of any reletting of the Premises which remain after deducting Sublessor’s reasonable out-of-pocket expenses in connection with such reletting. Such expenses, all of which shall be reasonable, shall include, without limitation, removal, storage, the cost of painting and refurbishing the Premises, and attorneys’ and brokers’ fees.

Current Damages. In the event of any termination, Tenant shall pay Rent, and other sums payable hereunder, up to the time of such termination, and (with respect to a termination by Tenant pursuant to Section 15.03 because of a Landlord default) any amounts owing from Landlord to Tenant hereunder shall be paid by Landlord to Tenant. Any Base Rent accrued pursuant to Article IV hereof shall automatically become due and payable upon a default by Tenant beyond applicable notice and cure periods. Following an event of default beyond applicable notice and cure periods, Base Rent shall be due and payable as it accrues (i.e., on the first day of each month), subject to Section 15.05 hereof.

Current Damages. In the event of any such termination, repossession, reletting or removal, Lessee will pay to Lessor all unpaid Basic Rent due and payable prior to and all Additional Rent due and payable up to the time of such termination, repossession or reletting, and thereafter Lessee, until the end of what would have been the Term in the absence of such termination or repossession or any reletting and whether or not the Leased Property or any part thereof shall have been relet, shall be liable to Lessor for, and shall pay to Lessor as Additional Rent hereunder, as agreed current damages for the loss of Lessor's bargain (and not as a penalty) (a) all Rent and other sums that would be payable under this Lease by Lessee in the absence of such termination, repossession or any reletting less (b) the net proceeds of any reletting of the Property after deducting all reasonable expenses of Lessor in connection with such termination and repossession and any reletting effected for the account of Lessee (including, without limitation, all reasonable repossession costs, brokerage commissions, legal expenses, alteration costs, remediation costs and expenses of preparing for such reletting). Lessee will pay such current damages within THIRTY (30) days after receipt of demand. If Lessee fails to pay such current damages as aforesaid, Lessee shall pay interest on such unpaid amount at the Late Rate from the date of demand until Lessor is paid in full with such interest.

Current Damages. In the event of any such termination, repossession or reletting Lessee will pay to Lessor the Basic Rent and all Additional rent and other sums required to be paid by Lessee up to the time of such termination, repossession or reletting, and thereafter Lessee, for what would have been the remaining term of this Lease and, whether or not the Property or any part thereof shall have been relet, shall be lia- ble to Lessor for and shall pay to Lessor, as liquidated and agreed current damages for Lessee's default, (a) the Basic Rent and all Additional Rent and other sums that would be payable under this Lease by Lessee in the absence of such termination or repossession, plus (b) all reasonable expenses incurred by Lessor in connection with such termination and repossession and any reletting effected for the account of Lessee pursuant to Section 26 hereof (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys' fees, employees' expenses, alteration costs and expenses of preparing for such reletting), less (c) the proceeds, if any, of such reletting. Lessee will pay such current damages on the days on which the Basic Rent would have been payable under this Lease in the absence of such termination, repossession or reletting and Lessor shall be entitled to recover the same from Lessee on each such day.

Current Damages. In the event of re-entry or repossession of the Premises or removal of persons or property therefrom by reason of the occurrence of an Event of Default, Tenant shall pay to Landlord all Minimum Rent and Additional Rent, in each case to and including the date of such re-entry, repossession or removal; and, thereafter, until the Term has expired or has been terminated, Tenant shall, whether or not the Premises shall have been relet, be liable to Landlord for, and shall pay to Landlord, as liquidated and agreed current damages (A) all Minimum Rent and all Additional Rent as and when such amounts would be payable under this Lease by Tenant in the absence of any such re-entry, repossession or removal, together with all reasonable expenses of Landlord in connection with such reletting (including, without limitation, all repossession costs, brokerage commissions related to balance of term, reasonable attorneys' fees and expenses (including, without limitation, fees and expenses of appellate proceedings if Landlord prevails), employee's expenses, alteration costs and expenses of preparation for such reletting), less (B) the net proceeds, if any, of any reletting effected for the account of Tenant pursuant to Section 27(b)(iii) above. Notwithstanding the foregoing, in the event any such reletting is for a term longer than the balance of the Term, Tenant shall be responsible for only a proportionate part of the expenses based on the balance of the Term as compared to the fixed minimum term of the reletting. Tenant shall pay such liquidated and agreed current damages on the dates on which Minimum Rent would be payable under this Lease in the absence of such re-entry, repossession or removal, and Landlord shall be entitled to recover the same from Tenant on each such date.