Damages Upon Lease Termination. In the event that Landlord elects to terminate this Lease, Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable to pay Landlord for, (i) all Rent and other amounts due and owing under this Lease not previously paid pursuant to the provisions of this Lease, plus(ii) interest on any unpaid Rent to accrue at the Delinquency Rate from the date that the Rent is due until the date it is paid plus (iii) on a periodic basis as such payments become due, damages equal to the sum of (1) the Rent and all other sums which would have accrued under this Lease after the date of termination had it not been terminated, such damages to be due and payable as such sums become due, less (2) at each such time of payment, such amounts as Landlord may actually receive from reletting (after first paying all costs of such reletting and the net amounts of rent collected remaining after such expenses shall operate only as an off-setting credit against the amount due hereunder with any excess or residue belonging solely to Landlord), plus (3) interest on the foregoing sum at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid. In the event that Landlord terminates this Lease but elects to exercise the remedy set forth in this Section 12.5, Landlord agrees that Landlord’s obligations under the Lease existing after an Event of Default by Tenant, including without limitation, the obligation to use commercially reasonable efforts to mitigate damages, shall survive said termination and shall be enforceable by Tenant against Landlord.
Damages Upon Lease Termination. In the event that Landlord elects to terminate this Lease, then, in addition to all other rights and remedies of Landlord, Tenant shall remain liable to pay to Landlord as damages an amount equal to (i) all Rent due hereunder accrued and unpaid for the period up to and including the Termination Date, plus (ii) all other additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease, which may then be owing and unpaid, plus (iii) all costs and expenses, including, without limitation, court costs and reasonable attorneys’ fees incurred by Landlord in the enforcement of any of its rights and remedies hereunder, plus (iv) the present value (based upon a discount rate of five percent per annum) of the Rent provided to be paid for the remainder of the Term, less the fair market value of reletting the Premises for the remainder of the Term, taking into account the time and expense necessary to relet the Premises, including, without limitation, the expenses enumerated in Section 21.3, plus (v) interest on the foregoing amounts at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid. In the alternative, Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable to pay Landlord for, (i) all Rent and other amounts due and owing under this Lease not previously paid pursuant to the provisions of this Lease, plus (ii) damages equal to the sum of (y) all Rent and all other sums which would have accrued under this Lease after the date of termination had it not been terminated, such damages to be due and payable as such sums would have become due, less (z) such amounts as Landlord may actually receive from reletting after first paying all costs of such reletting, including, without limitation, the expenses enumerated in Section 21.3 and the net amounts of rent collected remaining after such expenses shall operate only as an off setting credit against the amount due hereunder with any excess or residue belonging solely to Landlord, plus interest on the foregoing sum at the Delinquency Rate from the date of Landlord’s notice to Tenant demanding payment therefor until paid.
Damages Upon Lease Termination. In the event that Landlord elects to terminate this Lease, then upon such election, Tenant shall pay the Lease Termination Payment to Landlord within thirty (30) days after receipt of notice from Landlord of such election. Thereafter, such amounts as Landlord may actually receive from reletting, shall be paid to Tenant as received by Landlord to reimburse Tenant for payment of such amounts, after deducting therefrom the reasonable costs incurred by Landlord of collection and for re-letting the Premises, including, without limitation, the costs of broker’s fees and the costs of making alterations and repairs in order to re-let the Premises.
Damages Upon Lease Termination. If the LANDLORD elects to terminate the LEASE, the LANDLORD will be entitled to recover as damages:
