Damages on Termination. Should Lessor at any time terminate this Lease for any default, breach or failure of Tenant hereunder, then, in addition to any other rights or remedies available to Lessor hereunder or by law provided, Lessor may have and recover from Tenant all damages Lessor may incur by reason of such default, breach or failure including, without limitation, all costs of recovering the Premises including, without limitation, court costs and reasonable attorney's fees for services in recovering possession, all costs and expenses of any re-letting including, without limitation, all costs of alterations and repairs, dividing and subdividing, of the Premises in connection therewith, all brokerage commissions or other similar expenses of Lessor in connection with such re-letting, or, at the option of Lessor, Lessor may have and recover from Tenant the worth at the time of termination of this Lease, of the excess, if any, of the Rent reserved in this Lease for the remainder of the Term, over the then reasonable rental value of the Premises for the same period, all of which amounts, including all court costs and reasonable attorney's fees of Lessor, shall be immediately due and payable by Tenant to Lessor.
Damages on Termination. On Termination of this Lease by reason ---------------------- of Tenant's breach, Landlord may recover as damages from Tenant, in addition to all other remedies available, but without repeating or otherwise duplicating any remedy heretofore granted to Landlord, an amount equal to the present value, discounted by the then current discount rate at the Federal Reserve Bank of Richmond, of the difference between the rent or other sums payable by Tenant to Landlord for the term of this Lease after the date of termination, as if this Lease were still in effect, and the reasonable rental value of the Premises for such period as proved by Tenant. On termination of this Lease by reason of Tenant's breach, Landlord may also recover as damages from Tenant all of the rent or other sums payable by Tenant pursuant to this Lease after the date of termination, as if this Lease were still in effect, until such time as Landlord has released the entire Premises, reduced by any rent or other payments which Landlord receives for the use of any portion of the Premises prior to releasing the entire Premises. On termination of this Lease by reason of Tenant's breach, Landlord may also recover as damages from Tenant that portion of any leasing commissions paid or payable by Landlord applicable to the unexpired term of this Lease and all costs incurred in releasing the Premises including advertising costs, the costs of refurbishment and alterations of the Premises and the cost of any concessions which the Landlord gives to release the Premises. If Landlord releases the Premises following a termination by reason of Tenant's breach, the rent charged by Landlord on such releasing shall be deemed to be the rental value of the Premises for the purpose of calculation of the damages which Landlord may recover from Tenant.
Damages on Termination. If Assignor terminates this Agreement pursuant to Section 5B, Assignor shall be entitled to damages for all detriment proximately caused by Assignee's failure to perform its obligations under the Master Lease, the Sublease and this Agreement, or which in the ordinary course of things would be likely to result therefrom, including, without limitation, all amounts paid or payable to Sublessor and/or Master Landlord by Assignee under the terms of the Sublease or on account of Assignee's default in performance thereof and all other damages recoverable by Assignor under California law. Notwithstanding the foregoing, Assignor shall not exercise any rights under this Section 5 to perform any non-monetary obligation of Assignee under this Agreement or the Sublease or to terminate this Agreement for any such failure to perform such an obligation unless either Master Landlord, Sublessor or Assignor has first given Assignee at least fifteen (15) days prior written notice of such default, nor if Assignee shall reasonably and in good faith commence to remedy such default within such fifteen (15)-day period and thereafter diligently pursue such remedy to completion in a manner satisfactory to Master Landlord, Sublessor and Assignor. No such notice shall be required, however, if Xxxxxxxx's failure to perform constitutes a non-curable breach of the Sublease or this Agreement. Any such notice under this paragraph shall satisfy any and all notice requirements imposed by law and is not in addition to any such requirement.
Damages on Termination. In the event of termination on default, Landlord shall be entitled to recover immediately, without waiting until the due date of any future rent or until the date fixed for expiration of the lease term, the following amounts as damages:
(1) Any excess of (a) the value of all of Tenant's obligations under this Lease, including the obligation to pay rent, from the date of default until the end of the term, over (b) the reasonable rental value of the property for the same period figured as of the date of default, the net result to be discounted to the date of default at a reasonable rate, not exceeding 8-percent per annum.
(2) The reasonable costs of reentry and reletting, including without limitation the cost of any cleanup, refurbishing, removal of Tenant's property and fixtures, or any other expense occasioned by Tenant's failure to quit the Premises upon termination and to leave them in the required condition, any remodeling costs required to make the Leased Premises conform to the condition that Tenant was otherwise required to surrender them in at the expiration of the Lease, together with attorney fees, court costs, broker commissions and advertising costs.
Damages on Termination. (a) Upon the termination of this Agreement for any reason whatsoever except upon the expiration of the term of this Agreement, the Hirer will immediately pay to the Owner by way of liquidated damages, in addition to and without prejudice to any other right or remedy of the Owner contained in or implied by this Agreement or general law, an amount equal to the aggregate of:
(i) the unpaid balance of the hire charge instalments comprising the total rental that would have been payable until the expiration of the terms of this Agreement had this Agreement not been terminated, brought to a present value by applying the discount rate (as defined below) to each instalment over the period by which the day for payment thereof is, by virtue of this clause, brought forward together with an amount equal to the Stamp Duty, if any, payable in respect of such rebated total; and
(ii) the cost and expenses incurred by the Owner in repossessing and storing, insuring and registering the Equipment and entering upon and removing the Equipment from land or premises where the Equipment is situated and making good any injury or damage caused to the said land or premises; and
(iii) the cost and expenses of repairs reasonably necessary to bring the Equipment to proper working order condition and repair apart from normal wear and tear.
(b) For the purpose of this clause, “discount rate” means a rate calculated at the date of termination to give the Owner a rate of return equal to its original rate of return in respect of the hiring of the Equipment under this Agreement had the hiring run until the expiration of the term and had all payments been received on their due dates.
Damages on Termination. 14.5.1 Upon a termination of this Agreement by Buyer based on a Seller Event of Default other than an Event of Default under Section 14.2(a), Buyer shall be entitled to recover the net present value of (a) the replacement cost of Energy and SPAECs supplied from a solar energy generating resource less
Damages on Termination. If Assignor terminates this Assignment pursuant to Section 8B(2), Assignor shall be entitled to damages for all detriment proximately caused by Assignee's failure to perform its obligations under the Lease Transaction Documents and this Assignment, or which in the ordinary course of things would be likely to result therefrom; including without limitation, all amounts paid or payable to Landlord by Assignee under the terms of the Lease Transaction Documents or on account of Assignee's default in performance thereof, and all other damages recoverable by Assignor under California law.
Damages on Termination. Intentionally deleted.
Damages on Termination. (a) Upon a termination of this Agreement by Buyer based on a Seller Event of Default, Buyer shall be entitled to recover the net present value of: (a) the replacement cost of Energy supplied from a wind energy generating resource less the cost of Energy that Buyer would have incurred at the Energy Payment Rate; plus (b) the replacement cost of Environmental Attributes less the cost of Environmental Attributes that Buyer would have incurred at the REC Payment Rate, in each case assuming the Facility produced Energy at twenty percent (20%) of the Facility Nameplate Rating during all hours of the Services Term (or the remainder thereof); provided however, that for any termination of this Agreement prior to the Initial Delivery Date based on a Seller Event of Default after which Seller permanently ceases development or operation of the Facility, Seller’s liability shall be limited to the amount of its posted security pursuant to Sections 14.1(a) and (b).
(b) Upon a termination of this Agreement by Seller based on a Buyer Event of Default, Seller shall be entitled to recover the net present value of: (a) the price of Energy at the Energy Payment Rate less the market price of Energy supplied from a wind energy generating resource; plus (b) the price of Environmental Attributes at the REC Payment Rate less the market price of Environmental Attributes, in each case assuming the Facility produced Energy at twenty percent (20%) of the Facility Nameplate Rating during all hours of the Services Term (or the remainder thereof) under a long-term contract for the Services Term (or the remainder thereof).
(c) The Parties acknowledge and agree that: (i) Energy supplied from a wind energy generating resource has an inherent value greater than the value of other forms of Energy; (ii) the inherent value of Energy supplied from a wind energy generating resource is a primary reason Buyer is entering into this Agreement; (iii) in the event of termination of this Agreement based on a Seller Event of Default, Buyer will likely be required to replace the Energy that would have been provided hereunder with Energy supplied from another wind energy generating resource; (iv) in the event of termination of this Agreement by Seller based on a Buyer Event of Default, Seller will likely sell the Energy that would have been sold hereunder to a Party seeking Energy supplied from a wind energy generating resource; and (v) the formulations of damages described in this Section 12.5 are fair and...
Damages on Termination. In the event Landlord elects to terminate this Lease by reason of an event of default, then notwithstanding such termination, the Tenant shall be liable for and shall pay to the Landlord, at the address specified in Paragraph 1(d) above, the sum of all Rent accrued to the date of such termination, plus, as damages, (i) the cost of recovering, reletting the Premises and the sum of the unamortized portion of the initial Landlord's costs (including but not limited to, Tenant improvement costs, commissions and architectural and engineering fees), and (ii) an amount equal to the total of the Rent provided in this Lease for the remaining portion of the Lease Term (had such Lease Term not been terminated by Landlord), less the reasonable rental value of the Premises for such period, discounted to present value at the rate of six percent (6%) per annum.
