Common use of Damages and Acceleration Clause in Contracts

Damages and Acceleration. If Landlord elects to terminate this Lease for any of the reasons specified in this Section 16 of the Lease, it being understood that Landlord may elect to terminate the Lease after and notwithstanding its election to terminate Tenant’s right to possession as in Section 16(b) Landlord shall forthwith upon such termination be entitled to recover as damages and not as a penalty, an amount equal to the then present value of the Rent provided in this Lease for the residue of the stated Lease Term, less the present value of the fair rental value of the Premises for the residue of the stated Lease Term. The discount rate used to calculate present value shall be five percent (5%).

Damages and Acceleration. If Landlord elects to terminate this Lease for any of the reasons specified in this Section 16 of the Lease16, it being understood that Landlord may elect to terminate the this Lease after and notwithstanding its election to terminate Tenant’s 's right to possession as in subsection (b) of this Section 16(b) 16, provided Landlord shall forthwith upon such termination be entitled to recover as damages damages, and not as a penalty, an amount equal to the then present value of the Rent provided in this Lease for the residue of the stated Lease Termterm hereof, less the present value of the fair rental value of the Premises for the residue of the stated Lease Termterm. The discount rate used to calculate present value shall be five percent (510%).