Common use of Current Damages Clause in Contracts

Current Damages. In the event of any expiration or termination of this Sublease or repossession of the premises or any part thereof by reason of the occurrence of an event of default, Sublessees will pay to Sublessor the rent and other sums required to be paid by Sublessees for the period to and including the date of such expiration, termination or repossession; and, thereafter, until the end of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on which rent would have been payable under this Sublease in the absence of such expiration, termination or repossession, and Sublessor shall be entitled to recover the same from Sublessees on each such day.

Appears in 6 contracts

Samples: Sublease Agreement (United Grocers Inc /Or/), Sublease Agreement (United Grocers Inc /Or/), Sublease Agreement (United Grocers Inc /Or/)

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Current Damages. In If Landlord terminates the event right of any expiration or 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 Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. 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 reason 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 the same to the extent deemed by Landlord necessary or desirable and in connection therewith change the locks or other access devices to the Premises, and Tenant upon demand shall pay the cost of all of the occurrence foregoing together with Landlord’s expenses of an event reletting. The rents from any such reletting shall be applied first to the payment of defaultthe expenses of reentry, Sublessees will pay redecoration, repair and alterations and the expenses of reletting and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Tenant. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting aggregate sum (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs including Base Rent and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on Rent Adjustments) which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord’s part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord, at any time and from time to time, may xxx and recover judgment for any deficiencies remaining after the same from Sublessees on each application of the proceeds of any such dayreletting.

Appears in 3 contracts

Samples: Office Lease (ElectroCore, LLC), Office Lease (ElectroCore, LLC), Office Lease (Regado Biosciences Inc)

Current Damages. In the event of any expiration or termination of this Sublease Lease or repossession of the premises Premises or any part thereof by reason of the occurrence of an event of default, Sublessees Tenant will pay to Sublessor Landlord the rent, additional rent and other sums required to be paid by Sublessees the Tenant for the period to and including the date of such expiration, termination or repossession; and, thereafter, and thereafter until the end of what would have been the term Term in the absence of such expiration, termination or repossession, and whether or not the premises Premises or any part thereof shall have been resubletre-let, Sublessees Tenant shall be liable to Sublessor Landlord for, and shall pay to SublessorLandlord, as liquidated and agreed current damages the rent, additional rent and other sums which would be payable under this Sublease Lease by Sublessees Tenant in the absence of such expiration, termination or repossession, less the net proceeds, if any, any of any resubletting effected re-letting affected for the account of SublesseesTenant pursuant to Section 15.04, after deducting from such proceeds all of Sublessor's Landlord’s expenses reasonably incurred in connection with such resubletting re-letting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's ’s fees, employee expenses, alteration alterations costs and expenses of preparation for such resublettingre-letting). Sublessees Tenant will pay such current damages on the days on which rent would have been payable under this Sublease Lease in the absence of such expiration, termination or repossession, and Sublessor Landlord shall be entitled to recover the same from Sublessees Tenant on each such day.

Appears in 2 contracts

Samples: Lease Amendment, Lease Amendment (Authentidate Holding Corp)

Current Damages. In If Landlord terminates the event right of any expiration or 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 the 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, Impositions and any other sums accruing as they become due under this Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. In any such case, Landlord may endeavor to relet the Premises or any part thereof 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 collect the rents from such reletting. Subject to applicable law, Landlord shall not be required to mitigate its damages or to accept any tenant offered by reason Tenant or to observe any instructions given by Tenant relative to such reletting or otherwise. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable and in connection therewith change the locks to the Premises, and Tenant shall pay upon demand the cost of all the foregoing together with Landlord’s expenses of reletting. The rents from any reletting shall be applied first to the payment of the occurrence expenses of an event reentry, redecoration, repair and alterations and the expenses of default, Sublessees will pay reletting and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Tenant. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublesseesaggregate sum, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (includingincluding Base Rent, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord’s part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord, at any time and from time to time, may xxx and recover judgment for any deficiencies from time to time remaining after the same application from Sublessees on each such daytime to time of the proceeds of any reletting.

Appears in 2 contracts

Samples: Lease (Federal Signal Corp /De/), Lease (Federal Signal Corp /De/)

Current Damages. No termination or repossession provided for in this Article shall relieve Tenant of its liability and obligations under this Lease, all of which shall survive such termination or repossession. In the event of any expiration such termination or termination of this Sublease or repossession of repossession, Tenant shall pay the premises or any part thereof by reason of the occurrence of an event of default, Sublessees will pay to Sublessor the rent Base Rent and all Additional Rent and other sums required as herein before provided up to be paid by Sublessees for the period to and including the date time of such expiration, termination or repossessiontermination; and, thereafterand thereafter Tenant, until the end of what would have been the term of this Lease in the absence of such expiration, termination or repossession, repossession and whether or not the premises or any part thereof Premises shall have been resubletre-let, Sublessees shall be liable to Sublessor for, Landlord for and shall pay to Sublessor, Landlord as liquidated and agreed current damages (a) the rent Base Rent and other sums charges which would be payable under this Sublease by Sublessees in the absence of hereunder if such expiration, termination or repossession, repossession had not occurred less (b) the net proceeds, if any, of any resubletting effected for re-letting of the account of SublesseesPremises, after deducting from such proceeds all of Sublessor's Landlord’s reasonable expenses reasonably incurred in connection with such resubletting (includingreletting, including without limitation, implied limitation all repossession costs, warehouse charges, brokerage commissions, legal expenses, attorney's reasonable attorneys’ fees, employee expensessalaries of employees related to the re-letting alteration costs, alteration costs and expenses of preparation for such resubletting)re-letting. Sublessees will Tenant shall pay such current damages to Landlord on the days on which rent the Base Rent would have been payable under hereunder if this Sublease in the absence of such expiration, termination or repossession, and Sublessor shall be entitled to recover the same from Sublessees Lease had not been breached by Tenant on each such day.

Appears in 2 contracts

Samples: Lease (Allurion Technologies Holdings, Inc.), Lease (Allurion Technologies Holdings, Inc.)

Current Damages. In If Landlord terminates the event right of any expiration or 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 the 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 Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. In any such case, Landlord shall use diligent efforts to mitigate its damages and to 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 collect the rents from such reletting. Landlord shall not be required to accept any tenant offered by reason 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 the same to the extent reasonably deemed by Landlord necessary or desirable and in connection therewith change the locks to the Premises, and Tenant shall pay upon demand the cost of all the foregoing together with Landlord's expenses of reletting. The rents from any such reletting shall be applied first to the payment of the occurrence expenses of an event reentry, redecoration, repair and alterations and the expenses of default, Sublessees will pay reletting and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Tenant. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublesseesaggregate sum, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (includingincluding Base Rent and Rent Adjustments, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord's part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder, and Landlord, at any time and from time to time, may xxx and recover judgment for any deficiencies from time to time remaining after the same application from Sublessees on each time to time of the proceeds of any such dayreletting.

Appears in 2 contracts

Samples: Office Lease (May & Speh Inc), Office Lease (May & Speh Inc)

Current Damages. In If Landlord terminates the event right of any expiration or 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 the 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 Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. 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 collect the rents from such reletting. Landlord shall not be required to accept any tenant offered by reason 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 the same to the extent reasonably deemed by Landlord necessary or desirable and in connection therewith change the locks to the Premises, and Tenant shall pay upon demand the cost of all the foregoing together with Landlord's expenses of reletting. The rents from any such reletting shall be applied first to the payment of the occurrence expenses of an event reentry, redecoration, repair and alterations and the expenses of default, Sublessees will pay reletting and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Tenant. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublesseesaggregate sum, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (includingincluding Base Rent and Rent Adjustments, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord's part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder, and Landlord, at any time and from time to time, may xxx and recover judgment for any deficiencies from time to time remaining after the same application from Sublessees on each time to time of the proceeds of any such dayreletting. Notwithstanding the foregoing, Landlord shall use reasonable efforts to mitigate the damages suffered by Tenant hereunder.

Appears in 2 contracts

Samples: Lease (Autocam International LTD), Lease Agreement (Autocam International LTD)

Current Damages. In the event of any expiration or termination of this Sublease Lease or repossession of the premises Premises or any part thereof by reason of the occurrence of an event of default, Sublessees Tenant will pay to Sublessor Landlord the rent Rent and other sums required to be paid by Sublessees Tenant for the period to and including the date of such expiration, termination termination, or repossession; and, and thereafter, until the end of what would have been the term end of Term in the absence of such expiration, termination termination, or repossession, and whether or not the premises Premises or any part thereof shall have been resubletrelet, Sublessees Tenant shall be liable to Sublessor Landlord for, and shall pay to SublessorLandlord, as liquidated and agreed current damages the rent Rent and other sums which would be payable under this Sublease Lease by Sublessees Tenant in the absence of such expiration, termination termination, or repossession, less the net proceeds, if any, of any resubletting reletting effected for the account of SublesseesTenant pursuant to Section 14.2, after deducting from such proceeds all of Sublessor's Landlord’s expenses reasonably incurred in connection with such resubletting reletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's attorneys’ fees, employee expenses, alteration costs costs, and expenses of preparation for such resublettingreletting). Sublessees Tenant will pay such current damages on the days on which rent Rent would have been payable under this Sublease Lease in the absence of such expiration, termination termination, or repossession, and Sublessor Landlord shall be entitled to recover the same from Sublessees Tenant on each such day.

Appears in 2 contracts

Samples: Commercial Lease (MJ Holdings, Inc.), Commercial Lease (MJ Holdings, Inc.)

Current Damages. In the event of any expiration such expiration, termination, or termination of this Sublease or repossession of the premises or any part thereof by reason of the occurrence of an event of defaultrepossession, Sublessees Lessee will pay to Sublessor Lessor all Basic Rent and Additional Rent up to the rent and other sums required to be paid by Sublessees for the period to and including the date time of such expiration, termination or repossession; and, thereafterand thereafter Lessee, until the end of what would have been the term Lease Term in the absence of such expiration, termination or repossession, and whether or not the premises Property or any part thereof shall have been resubletrelet, Sublessees shall be liable to Sublessor Lessor for, and shall pay to SublessorLessor, as liquidated and agreed current damages the rent for Lessee's default, (a) all Basic Rent and other sums Additional Rent which would be payable under this Sublease Lease by Sublessees Lessee in the absence of such expiration, termination or repossession, less (b) all net rents collected by Lessor from sublessees, tenants and occupants plus the net proceeds, if any, of any resubletting effected for the account of Sublessees, reletting pursuant to Section 23 after deducting from such rents and proceeds all of SublessorLessor's reasonable expenses reasonably incurred in connection with such resubletting collection and reletting (including, without limitation, all repossession costs, brokerage commissions, legal accounting expenses, attorney's fees, employee attorneys' fees and expenses, alteration costs employees' expenses, promotional expenses, and expenses of preparation for such resublettingcollection and reletting). Sublessees Lessee will pay such current damages on the days on which rent would have been payable under this Sublease payment dates of installments of Basic Rent applicable in the absence of such expiration, termination or repossession, and Sublessor Lessor shall be entitled to recover the same from Sublessees Lessee on each such daydate.

Appears in 2 contracts

Samples: Timber Lease (Tenneco Inc /De), Timber Lease (New Tenneco Inc)

Current Damages. In If Landlord terminates the event right of any expiration or 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 Xxxxxx’s obligation to pay the 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, Impositions and any other sums accruing as they become due under this Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. 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 collect the rents from such reletting. Landlord shall not be required to accept any tenant offered by reason Tenant or to observe any instructions given by Tenant relative to such reletting, but Landlord agrees to use commercially reasonable efforts to relet the Premises to mitigate damages. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord necessary or desirable and, in connection therewith, change the locks to the Premises, and Tenant shall upon demand pay the cost of all the foregoing together with Xxxxxxxx’s expenses of reletting. The rents from any such reletting shall be applied first to the payment of the occurrence expenses of an event reentry, redecoration, repair and alterations and the expenses of defaultreletting (including brokers’ commissions and reasonable attorneys’ fees), Sublessees will pay and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Xxxxxx. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting aggregate sum (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs including Base Rent and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on Impositions) which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord’s part to terminate this Lease, unless a written notice of such intention shall be given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord may, at any time and from time to time, xxx and recover judgment for any deficiencies from time to time remaining after the same application from Sublessees on each time to time of the proceeds of any such dayreletting.

Appears in 1 contract

Samples: Industrial Building Lease (Apyx Medical Corp)

Current Damages. In the event of any expiration or termination of this Sublease or repossession of the premises or any part thereof by reason of the occurrence of an event of default, Sublessees Sublessee will pay to Sublessor the rent and other sums required to be paid by Sublessees Sublessee for the period to and including the date of such expiration, termination or repossession; and, thereafter, until the end of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees Sublessee in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any resubletting effected for the account of SublesseesSublessee, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees Sublessee will pay such current damages on the days on which rent would have been payable under this Sublease in the absence of such expiration, termination or repossession, and Sublessor shall be entitled to recover the same from Sublessees on each such day.

Appears in 1 contract

Samples: Sublease Agreement (United Grocers Inc /Or/)

Current Damages. In the event of any expiration or termination of this Sublease or repossession of the premises or any part thereof by reason of the occurrence of an event of default, default Sublessees will pay to Sublessor the rent and other sums required to be paid by Sublessees for the period to and including the date of such expiration, termination or repossession; and, thereafter, until the end of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on which rent would have been payable under this Sublease in the absence of such expiration, termination or repossession, and Sublessor shall be entitled to recover the same from Sublessees on each such day.

Appears in 1 contract

Samples: Sublease Agreement (United Grocers Inc /Or/)

Current Damages. In the event of any expiration or termination of this Sublease Lease or repossession of the premises Premises or any part thereof by reason of the occurrence of an event Event of defaultDefault, Sublessees Tenant will pay to Sublessor Landlord the rent Base Rent, Additional Rent and other sums required to be paid by Sublessees Tenant for the period to and including the date of such expiration, termination or repossession; and, and thereafter, until the end of what would have been the term Term in the absence of such expiration, termination or repossession, and whether or not the premises Premises or any part thereof shall have been resubletrelet, Sublessees Tenant shall be liable to Sublessor Landlord for, and shall pay to SublessorLandlord, as liquidated and agreed current damages damages, the rent Base Rent, Additional Rent and other sums which would be payable under this Sublease Lease by Sublessees Tenant in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any resubletting reletting effected for the account of SublesseesTenant pursuant to Section 20.3, after deducting from such proceeds all of SublessorLandlord's expenses reasonably incurred in connection with such resubletting reletting (including, without limitation, all repossession costs, brokerage and management commissions, legal expenses, attorney's fees, employee expenses, alteration and the costs and expenses of preparation for such resublettingany decorating, repairs, changes, alterations or additions in or to the Premises that may be necessary or convenient). Sublessees Tenant will pay such current damages on the days on which rent Base Rent would have been payable under this Sublease Lease in the absence of such expiration, termination or repossession, and Sublessor Landlord shall be entitled to recover the same from Sublessees Tenant on each such day.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Software, Inc.)

Current Damages. In If Landlord terminates the event right of any expiration or 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 Basic Rent and Additional Rent and any other sums accruing as they become due under this Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. In any such case, Landlord shall use commercially reasonable efforts to 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 reason 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 occurrence foregoing together with Landlord's expenses of an event reletting. The rents from any such reletting shall be applied first to the payment of defaultthe expenses of reentry, Sublessees will pay redecoration, reconstruction, repair and alterations and the expenses of reletting and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Tenant. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting aggregate sum (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs including Basic Rent and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on Additional Rent) which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord's part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder, and Landlord, at any time and from time to time, may xxx and recover judgment for any deficiencies remaining after the same from Sublessees on each application of the proceeds of any such dayreletting.

Appears in 1 contract

Samples: Office Lease (Taylor Capital Group Inc)

Current Damages. No termination or repossession provided for in this Article shall relieve Tenant of its liability and obligations under this Lease, all of which shall survive such termination or repossession. In the event of any expiration such termination or termination of this Sublease or repossession of repossession, Tenant shall pay the premises or any part thereof by reason of the occurrence of an event of default, Sublessees will pay to Sublessor the rent Minimum Rent and all Additional Rent and other sums required as hereinbefore provided up to be paid by Sublessees for the period to and including the date time of such expiration, termination or repossessiontermination; and, thereafterand thereafter Tenant, until the end of what would have been the term of this Lease in the absence of such expiration, termination or repossession, repossession and whether or not the premises or any part thereof Leased Premises shall have been resubletre-let, Sublessees shall be liable to Sublessor for, Landlord for and shall pay to Sublessor, Landlord as liquidated and agreed current damages (i) an amount equal to Landlord's reasonable attorneys' fees and costs relating in any manner to Tenant's Default plus (ii) (a) the rent Minimum Rent and other sums charges which would be payable under this Sublease by Sublessees in the absence of hereunder if such expiration, termination or repossession, repossession had not occurred less (b) the net proceeds, if any, of any resubletting effected for reletting of the account of SublesseesLeased Premises, after deducting from such proceeds all of SublessorLandlord's expenses reasonably incurred in connection with such resubletting (includingreletting, including without limitation, implied limitation all repossession costs, warehouse charges, brokerage commissions, legal expenses, attorney's reasonable attorneys' fees, employee expensessalaries of employees, alteration costs costs, and expenses of preparation for such resubletting)reletting. Sublessees will Tenant shall pay such current damages to Landlord on the days on which rent the Minimum Rent would have been payable under hereunder if this Sublease in the absence of such expiration, termination or repossession, Lease had not been terminated; and Sublessor Landlord shall be entitled to recover receive the same from Sublessees Tenant on each such day.

Appears in 1 contract

Samples: Lease (Direct Hit Technologies Inc)

Current Damages. In the event of any expiration or termination of this Sublease or repossession Tenant's right to possession of the premises or any part thereof by reason Property (without termination of the occurrence of an event of defaultLease), Sublessees Tenant will pay to Sublessor Landlord the rent Basic Rent and all Additional Rent and other sums required to be paid by Sublessees for Tenant up to the period to and including the date time of such expirationtermination, termination or repossession; and, thereafterand thereafter Tenant, until the end of what would have been the term of this Lease (including the Fixed Term) in the absence of such expiration, termination or repossession, and and, whether or not the premises Property or any part thereof shall have been resubletrelet, Sublessees shall be liable to Sublessor for, Landlord for and shall pay to SublessorLandlord, as liquidated and agreed current damages for Tenant's default, (a) the rent Basic Rent and all Additional Rent and other sums which that would be payable under this Sublease Lease by Sublessees Tenant in the absence of such expiration, termination or repossession, less the net proceedsplus, if any, of (b) all reasonable expenses directly or indirectly incurred by Landlord in connection with such termination and repossession and any resubletting reletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting Tenant pursuant to Section 25 hereof (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee employees' expenses, interest at the Default Rate on all alteration costs and expenses of preparation preparing for such resubletting)reletting from the date incurred through the expiration of the then current term of the Lease, less (c) the proceeds, if any, of such reletting. Sublessees Tenant will pay such current damages monthly on the days on which rent the Basic Rent would have been payable under this Sublease Lease in the absence of such expirationtermination, termination repossession or repossessionreletting, and Sublessor Landlord shall be entitled to recover the same from Sublessees Tenant on each such day. In the event of such termination of Tenant's right to possession of the Property, Landlord shall make reasonable efforts to mitigate current damages.

Appears in 1 contract

Samples: Single Tenant Lease Agreement (Recovery Engineering Inc)

Current Damages. No termination or repossession provided for in Section 12.2 shall relieve Tenant (or any guarantor of Tenant’s obligations hereunder) of their liabilities and obligations hereunder or under any separate instrument of guarantee, all of which shall survive such termination or repossession. In the event of any expiration or termination of this Sublease or repossession of the premises or any part thereof by reason of the occurrence of an event of default, Sublessees will pay to Sublessor the rent and other sums required to be paid by Sublessees for the period to and including the date of such expiration, termination or repossession; and, thereafterTenant shall pay Landlord, until in advance, on the end 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 in of this lease, or of the absence of such expirationthen-current extension period, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees as shall be liable to Sublessor forappropriate, and shall pay to Sublessor, one-twelfth of the “annual rental for the Demised Premises” (as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees defined in the absence of such expiration, termination or repossession, Section 12.5.1) less the net proceeds, proceeds (if any, ) of any resubletting effected for reletting of the account of Sublessees, Demised Premises which remain after deducting from such proceeds all of Sublessor's Landlord’s expenses reasonably incurred in connection with such resubletting (includingreletting. Such expenses shall include, without limitation, all repossession removal, storage and remodeling costs, brokerage commissionsthe cost of painting and refurbishing the Demised Premises, legal expensesand attorneys’ and brokers’ fees. Landlord shall use reasonable efforts to relet the Demised Premises, attorney's feesand may accelerate the due date of all such damages payable hereunder at its discretion. 1. The “annual rental for the Demised Premises” shall be the total of (i) the base rent, employee expensesTenant’s tax share, alteration costs Tenant’s share of Operating Costs, and expenses all other charges payable by Tenant (whether or not to Landlord) for the lease year ending next prior to such termination or repossession; together with (ii) the cost of preparation heating the Demised Premises to prevent the freezing of pipes, while the Demised Premises remain vacant; and (iii) any increase in the premiums payable by Landlord for such resubletting). Sublessees will pay such current damages on any insurance coverage maintained with respect to the days on Demised Premises, while the Demised Premises remain vacant, if the increases are attributable to the vacancy of the Demised Premises; and (iv) the cost of any repairs to the Demised Premises which rent become necessary during the vacancy of the Demised Premises and which would have been payable required of Tenant under this Sublease in the absence lease if the lease had not been terminated; and (v) the cost of such expirationany repairs to the Demised Premises which, termination or repossessionnotwithstanding they became necessary because of the acts of some other person(s), and Sublessor shall be entitled to recover would probably not have become necessary if the same from Sublessees on each such dayDemised Premises had not been vacant.

Appears in 1 contract

Samples: Lease Agreement (Viatar CTC Solutions Inc.)

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Current Damages. In If Landlord terminates the event right of any expiration or Tenant to possession of the Premises without terminating this Contract on account of an Event of Default, Landlord shall have the right to immediate recovery of all Rental then due hereunder. Such termination of possession shall not release Tenant, in whole or in part, from Tenant's obligation to pay the Rental hereunder for the full Term as set forth in Article I as they become due under this Sublease or repossession Contract to the stated end of the premises Term. 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 Contract) and upon such terms as Landlord shall determine and collect the rents from such re-letting. Landlord shall not be required to accept any tenant offered by reason Tenant or to observe any instructions given by Tenant relative to such re-letting. Also, in any such case, Landlord may make repairs, alterations and additions in or to the Premises and redecorate 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 the foregoing together with Landlord's expenses of re-letting. The rents from any such re-letting shall be applied first to the payment of the occurrence expenses of an event reentry, redecoration, repair and alterations and the expenses of default, Sublessees will pay re-letting and second to Sublessor the payment of rent and other sums required herein provided to be paid by Sublessees for Tenant. Any excess shall operate only as an offsetting credit against the period to amount of Rental due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRental due Landlord, if any, shall not be deemed to give Tenant any right, title or interest in or to such excess, and any such excess shall belong solely to Landlord. Tenant shall not be entitled to a credit on its indebtedness to Landlord in excess of any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on aggregate Rental which rent would have been payable under this Sublease in paid by Tenant for the absence period for which the credit to Tenant is being determined, had no Event of Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or re-letting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord's part to terminate this Contract , unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder, and Landlord, at any time, may xxx and recover judgment for any deficiencies remaining from time to time after the same application of the proceeds of any such re-letting from Sublessees on each such daytime to time.

Appears in 1 contract

Samples: Concession Agreement

Current Damages. In If Landlord terminates the event right of any expiration or 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 the 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 Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. 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 reason Tenant or to observe any instructions given by Tenant relative to such reletting. In any such case, Landlord also may make repairs, alterations and additions in or to the Premises and redecorate 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 occurrence foregoing together with Landlord's expenses of an event reletting. The rents from any such reletting shall be applied first to the payment of defaultthe expenses of reentry, Sublessees will pay redecoration, repair and alterations and the expenses of reletting and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Tenant. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting aggregate sum (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs including Base Rent and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on Rent Adjustments) which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord's part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder, and Landlord, at any time and from time to time, may sue xxx recover judgment for any deficiencies remaining after the same from Sublessees on each application of the proceeds of any such dayreletting.

Appears in 1 contract

Samples: Lease (Woodroast Systems Inc)

Current Damages. In the event of any expiration or such expiration, termination of this Sublease or repossession of the premises pursuant to 103 100 section 22 or any part thereof by reason of the occurrence of an event of default23, Sublessees will Lessee shall pay to Sublessor Lessor the rent Basic Rent and all other sums required to be paid by Sublessees for Lessee pursuant to this Lease up to the period to and including the date time of such expiration, termination or repossession; and, thereafterand thereafter Lessee, until the end of what would have been the term of this Lease in the absence of such expiration, termination or repossession (excluding all unexercised options to extend), and whether or not the Combined Premises or any part thereof shall have been relet, shall be liable to Lessor for, and shall pay to Lessor, as liquidated and agreed current damages for Lessee's default, (a) the Basic Rent and all other sums which would be payable under this Lease by Lessee in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees plus (b) all reasonable expenses of Lessor in the absence of connection with such expiration, termination or repossession, less the net proceeds, if any, of and repossession and any resubletting reletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting Lessee pursuant to section 24 (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's attorneys' fees, employee employees' expenses, alteration costs and expenses of preparation preparing for such resubletting)reletting) less (c) the proceeds, if any, of such reletting. Sublessees will Lessee shall pay such current damages monthly on the days on which rent the Basic Rent would have been payable under this Sublease Lease in the absence of such expiration, termination or repossession, and Sublessor Lessor shall be entitled to recover the same from Sublessees Lessee on each such day.. 104 101

Appears in 1 contract

Samples: Lease (Goldman Sachs Group Inc)

Current Damages. In the event of any expiration or termination of this Sublease or repossession of the premises or any part thereof by reason of the occurrence of an event of default, Sublessees Sublessee will pay to Sublessor the rent and other sums required to be paid by Sublessees Sublessee for the period to and including the date of such expiration, termination or repossession; and, thereafter, until the end of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees Sublessee shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees Sublessee in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any resubletting effected for the account of SublesseesSublessee, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees Sublessee will pay such current damages on the days on which rent would have been payable under this Sublease in the absence of such expiration, termination or repossession, and Sublessor shall be entitled to recover the same from Sublessees Sublessee on each such day.

Appears in 1 contract

Samples: Sublease Agreement (United Grocers Inc /Or/)

Current Damages. In If Landlord terminates the event right of any expiration or 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 to recover from Tenant, and Tenant shall remain liable for, all Rent and any other sums accruing under this Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. Landlord may relet the Premises or any part thereof for the account of Tenant 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 reason Tenant or to observe any instructions given by Tenant relative to such reletting. Landlord may make repairs, alterations and additions in or to the Premises and redecorate the same to the extent deemed by Landlord reasonably necessary or desirable and change the locks to the Premises. Tenant upon demand shall pay the cost of all of the occurrence foregoing together with Landlord’s expenses of an event reletting. The rents from any such reletting shall be applied first to the payment of defaultthe expenses of re-entry, Sublessees will pay reletting, redecoration, repair and alterations and second to Sublessor the rent and other sums required payment of Rent to be paid by Sublessees for Tenant. Any excess shall be credited against the period amount of Rent which becomes due and payable hereunder Any such excess shall belong to and including the date of Landlord solely. No such expiration, termination or repossession; and, thereafter, until the end of what would have been the term in the absence of such expiration, termination reentry or repossession, repairs, alterations and whether additions, or not the premises or any part thereof shall have been resublet, Sublessees reletting shall be liable construed as an election on Landlord’s part to Sublessor forterminate this Lease, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence unless a written notice of such expirationintention is given to Tenant, termination or repossession, less shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder. Landlord may xxx and recover judgment for any deficiencies remaining after the net proceeds, if any, application of the proceeds of any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on which rent would have been payable under this Sublease in the absence of such expiration, termination or repossession, and Sublessor shall be entitled to recover the same from Sublessees on each such dayreletting.

Appears in 1 contract

Samples: Lease Agreement (Sezzle Inc.)

Current Damages. In If Landlord terminates the event right of any expiration or 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 Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises 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 shall use commercially reasonable efforts to 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 reason 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 occurrence foregoing together with Landlord’s expenses of an event reletting. The rents from any such reletting shall be applied first to the payment of defaultthe expenses of reentry, Sublessees will pay redecoration, reconstruction, repair and alterations and the expenses of reletting and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Tenant. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting aggregate sum (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs including Base Rent and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on Rent Adjustments) which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord’s part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, and Landlord, at any time and from time to time, may sxx and recover judgment for any deficiencies remaining after the same from Sublessees on each application of the proceeds of any such dayreletting.

Appears in 1 contract

Samples: Office Lease (Taylor Capital Group Inc)

Current Damages. In the event of any expiration or termination of this the Sublease Term or re-entry or repossession of the premises or any part thereof Demised Premises by reason of the occurrence of an event Event of defaultDefault, Sublessees Sublessee will pay to Sublessor the rent all Base Rent, Additional Charges and other sums required to be paid by Sublessees for the period Sublessee to and including the date of such expiration, termination termination, re-entry or repossession; and, thereafterand thereafter Sublessee shall, until the end of what would have been the term Sublease Term in the absence of such expiration, termination termination, re-entry or repossession, and whether or not the premises or any part thereof Demised Premises shall have been resubletrelet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent damages: (i) all Base Rent, Additional Charges and other sums which would be payable under this Sublease by Sublessees Sublessee in the absence of such expiration, termination termination, re-entry or repossession, less (ii) the net proceeds, if any, of any resubletting reletting effected for the account of SublesseesSublessee pursuant to Section 18(d), after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting reletting (including, without limitation, including all repossession costs, brokerage commissions, legal attorneys' fees and expenses, attorney's fees, employee employees' expenses, alteration costs and expenses of preparation for such resublettingreletting). Sublessees Sublessee will pay such current damages on the days on which rent Base Rent would have been be payable under this Sublease in the absence of such expiration, termination termination, re-entry or repossession, and Sublessor shall be entitled to recover the same from Sublessees Sublessee on each such day.

Appears in 1 contract

Samples: Sublease Agreement (Redenvelope Inc)

Current Damages. In the event of any expiration or termination of this Sublease Lease or repossession of the premises Premises or any part thereof by reason of the occurrence of an event Event of defaultDefault, Sublessees Tenant will pay to Sublessor Landlord the rent Base Rent, Additional Rent and other sums required to be paid by Sublessees Tenant for the period to and including the date of such expiration, termination or repossession; and, and thereafter, until the end of what would have been the term Term in the absence of such expiration, termination or repossession, and whether or not the premises Premises or any part thereof shall have been resubletrelet, Sublessees Tenant shall be liable to Sublessor Landlord to Landlord for, and shall pay to SublessorLandlord, as liquidated and agreed current damages damages, the rent Base Rent, Additional Rent and other sums which would be payable under this Sublease Lease by Sublessees Tenant in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any resubletting reletting effected for the account of SublesseesTenant pursuant to Section 20.3, after deducting from such proceeds all of SublessorLandlord's expenses reasonably incurred in connection with such resubletting reletting (including, without limitation, all repossession costs, brokerage and management commissions, legal expenses, attorney's fees, employee expensesrepairs, alteration costs and expenses of preparation for such resubletting)alterations or additions in or to the Premises that may be necessary. Sublessees Tenant will pay such current damages on the days on which rent Base Rent would have been payable under this Sublease Lease in the absence of such expiration, termination or repossession, and Sublessor shall be entitled to recover the same from Sublessees on each such day.and

Appears in 1 contract

Samples: Lease Agreement (Sabratek Corp)

Current Damages. In If Landlord terminates the event right of any expiration or 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 Sublease or repossession Lease during the period from the date of such notice of termination of possession to the stated end of the premises Term. 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 reason 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 the same to the extent deemed by Landlord necessary or desirable and in connection therewith change the locks or other access devices to the Premises, and Tenant upon demand shall pay the cost of all of the occurrence foregoing together with Landlord's expenses of an event reletting. The rents from any such reletting shall be applied first to the payment of defaultthe expenses of reentry, Sublessees will pay redecoration, repair and alterations and the expenses of reletting and second to Sublessor the rent and other sums required payment of Rent herein provided to be paid by Sublessees for Tenant. Any excess or residue shall operate only as an offsetting credit against the period to amount of Rent due and including owing as the date same thereafter becomes due and payable hereunder, and the use of such expiration, termination or repossession; and, thereafter, until offsetting credit to reduce the end amount of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceedsRent 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 any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting aggregate sum (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs including Base Rent and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on Rent Adjustments) which rent would have been payable under this Sublease in paid by Tenant for the absence of period for which the credit to Tenant is being determined, had no Default occurred. No such expiration, termination reentry or repossession, repairs, alterations and Sublessor additions, or reletting shall be entitled construed as an eviction or ouster of Tenant or as an election on Landlord's part to terminate this Lease, unless a written notice of such intention is given to Tenant, or shall operate to release Tenant in whole or in part from any of Tenant's obligations hereunder, and Landlord, at any time and from time to time, may xxx and recover judgment for any deficiencies remaining after the same from Sublessees on each application of the proceeds of any such dayreletting.

Appears in 1 contract

Samples: Office Lease (Caladrius Biosciences, Inc.)

Current Damages. In the event of any expiration or termination of this Sublease or repossession of the premises or any part thereof by reason of the occurrence of an event of default, Sublessees will pay to Sublessor the rent and other sums required to be paid by Sublessees for the period to and including the date of such expiration, termination or repossession; and, thereafter, until the end of what would have been the term in the absence of such expiration, termination or repossession, and whether or not the premises or any part thereof shall have been resublet, Sublessees shall be liable to Sublessor for, and shall pay to Sublessor, as liquidated and agreed current damages the rent and other sums which would be payable under this Sublease by Sublessees in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any resubletting effected for the account of Sublessees, after deducting from such proceeds all of Sublessor's expenses reasonably incurred in connection with such resubletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorney's fees, employee expenses, alteration costs and expenses of preparation for such resubletting). Sublessees will pay such current damages on the days on which rent would have been payable under this Sublease in the absence of such expiration, termination termina- tion or repossession, and Sublessor shall be entitled to recover the same from Sublessees on each such day.

Appears in 1 contract

Samples: Sublease Agreement (United Grocers Inc /Or/)

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