Common use of Damages Upon Lease Termination Clause in Contracts

Damages Upon Lease Termination. If Landlord terminates this Lease, (i) Tenant shall remain liable to Landlord for all obligations of Tenant under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in Landlord’s notice of termination, and (ii) Landlord may recover from Tenant the sum of: all Base Rent, Additional Rent and all other amounts accrued hereunder to the date of such termination; and all damages incurred by Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term of this Lease, brokerage fees, advertising costs and all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys’ fees and court costs; and (B) the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, (d) the net effective rental rates then being obtained by landlords for similar type space of similar size in similar type buildings in the general area in which the Premises is located, (e) the vacancy levels in the general area in which the Premises is located, (f) current levels of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annum.

Damages Upon Lease Termination. In the event of Tenant’s default hereunder which remains uncured beyond any applicable cure period, Landlord may also elect to terminate this Lease on written notice to Tenant. If Landlord terminates this the Lease, Tenant agrees to pay on demand the sum of (i) Tenant shall remain liable to Landlord for all obligations of Tenant under this Lease arising up Rent, Additional Rent and other indebtedness accrued to the date of such termination, and Tenant shall Tenant’s surrender of the Leased Premises to Landlord on the date specified in accordance with this Lease, together with all costs and expenses of Landlord’s notice of termination, including without limitation reasonable counsel fees, and (ii) Landlord may recover from Tenant as liquidated damages, an amount equal to, as of the sum of: all Base date of surrender of the Leased Premises, the present value, as computed using an eight percent (8%) per annum discount rate of the gross balance of Minimum Rent, Additional Rent and all other amounts accrued which would have otherwise been payable hereunder to during the date of such termination; and all damages incurred by Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration remainder of the Term of this Lease; provided, brokerage feeshowever, advertising costs that such payment shall not constitute a penalty or forfeiture, but shall constitute liquidated damages for Tenant’s failure to comply with the terms and provisions of this Lease, Landlord and Tenant agreeing that Landlord’s actual damages in such event are impossible to ascertain and that the amount set forth above is a reasonable estimate thereof. This Section 18 will survive the termination of this Lease. Upon making such payment and after Landlord has received the balance of the Rent and other sums it would have received over the remainder of the Term (i.e., the difference between face amount of Minimum Rent and Additional Rent due hereunder for the entire Term and the discounted amount paid to Landlord by Tenant), Tenant shall receive from Landlord all reasonable Minimum Rent received by Landlord from other tenants of the Leased Premises during the Term hereof, net of expenses incurred by Landlord Landlord, provided that the amounts to which Tenant shall become so entitled shall in pursuing its remedies, including reasonable attorneys’ fees and court costs; and (B) no event exceed the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be entire amount actually paid by Tenant to Landlord during the period following pursuant to this paragraph. This Section 18 will survive the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, (d) the net effective rental rates then being obtained by landlords for similar type space of similar size in similar type buildings in the general area in which the Premises is located, (e) the vacancy levels in the general area in which the Premises is located, (f) current levels of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annum.

Damages Upon Lease Termination. If In the event that Landlord terminates elects to terminate this Lease, (i) Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable to pay Landlord for for, (i) all obligations of Tenant Rent and other amounts due and owing under this Lease arising up not previously paid pursuant to the date provisions of such terminationthis Lease, and Tenant shall surrender plus(ii) interest on any unpaid Rent to accrue at the Premises to Landlord on Delinquency Rate from the date specified in Landlord’s notice of terminationthat the Rent is due until the date it is paid plus (iii) on a periodic basis as such payments become due, and (ii) Landlord may recover from Tenant damages equal to the sum of: all Base Rent, Additional of (1) the Rent and all other amounts sums which would have accrued hereunder to under this Lease after the date of termination had it not been terminated, such termination; 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 damages incurred by Landlord arising from costs of such Event reletting and the net amounts of Default, including but not limited 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 (A) the cost of reletting the whole or any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the TermLandlord), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting plus (3) interest on the Premises into the condition necessary to rent the Premises foregoing sum at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term of this Lease, brokerage fees, advertising costs and all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys’ fees and court costs; and (B) the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be paid by Tenant to Landlord during the period following the termination of this Lease measured Delinquency Rate from the date of such termination Landlord’s notice to Tenant demanding payment therefor until paid. In the expiration date stated event that Landlord terminates this Lease but elects to exercise the remedy set forth in this LeaseSection 12.5, over Landlord agrees that Landlord’s obligations under the present value Lease existing after an Event of any net amounts which Landlord can reasonably expect Default by Tenant, including without limitation, the obligation to recover by reletting the Premises for such perioduse commercially reasonable efforts to mitigate damages, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, (d) the net effective rental rates then being obtained by landlords for similar type space of similar size in similar type buildings in the general area in which the Premises is located, (e) the vacancy levels in the general area in which the Premises is located, (f) current levels of new construction that will be completed during the remaining Term shall survive said termination and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annum.enforceable by Tenant against Landlord. 12.6

Damages Upon Lease Termination. If Landlord terminates elects to terminate this Lease, (i) 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 all obligations of Tenant under this Lease arising the period up to and including the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in Landlord’s notice of termination, and plus (ii) Landlord may recover from Tenant the sum of: all Base Rent, Additional Rent and all other amounts accrued hereunder additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to the date of such termination; and all damages incurred by indemnify Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or under any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term provisions of this Lease, brokerage feeswhich may then be owing and unpaid, advertising plus (iii) all costs and all expenses, including, without limitation, court costs and reasonable expenses attorneys’ fees incurred by Landlord in pursuing the enforcement of any of its remediesrights and remedies hereunder, including reasonable attorneys’ fees and court costs; and plus (Biv) the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, (d) the net effective rental rates then being obtained by landlords for similar type space of similar size in similar type buildings in the general area in which the Premises is located, (e) the vacancy levels in the general area in which the Premises is located, (f) current levels of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at [based upon a discount rate of five percent (5%) per annum] of the Rent provided to be paid for the remainder of the Term, 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. If Landlord elects to terminate this Lease following an Event of Default, Landlord shall use its commercially reasonable efforts to mitigate its damages to the extent required by Applicable Laws.

Damages Upon Lease Termination. If In the event that Landlord terminates elects to terminate this Lease, (i) 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 all obligations of Tenant under this Lease arising the period up to and including the date of such terminationTermination Date, and Tenant shall surrender the Premises to Landlord on the date specified in Landlord’s notice of termination, and plus (ii) Landlord may recover from Tenant the sum of: all Base Rent, Additional Rent and all other amounts accrued hereunder additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to the date of such termination; and all damages incurred by indemnify Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or under any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term provisions of this Lease, brokerage feeswhich may then be owing and unpaid, advertising plus (iii) all costs and all expenses, including, without limitation, court costs and reasonable expenses attorneys’ fees incurred by Landlord in pursuing the enforcement of any of its remediesrights and remedies hereunder, including reasonable attorneys’ fees and court costs; and plus (Biv) the excess present value (based upon a discount rate of five percent per annum) of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required provided to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to 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 (dv) 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 effective rental rates then being obtained by landlords for similar type space amounts of similar size in similar type buildings in rent collected remaining after such expenses shall operate only as an off setting credit against the general area in which amount due hereunder with any excess or residue belonging solely to Landlord, plus interest on the Premises is located, (e) foregoing sum at the vacancy levels in Delinquency Rate from the general area in which the Premises is located, (f) current levels date of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annumLandlord’s notice to Tenant demanding payment therefor until paid.

Damages Upon Lease Termination. If In the event that Landlord terminates elects to terminate this Lease, (i) 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 all obligations of Tenant under this Lease arising the period up to and including the date of such terminationTermination Date, and Tenant shall surrender the Premises to Landlord on the date specified in Landlord’s notice of termination, and plus (ii) Landlord may recover from Tenant the sum of: all Base Rent, Additional Rent and all other amounts accrued hereunder additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to the date of such termination; and all damages incurred by indemnify Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or under any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term provisions of this Lease, brokerage feeswhich may then be owing and unpaid, advertising plus (iii) all costs and all expenses, including, without limitation, court costs and reasonable expenses attorneys’ fees incurred by Landlord in pursuing the enforcement of any of its remediesrights and remedies hereunder, including reasonable attorneys’ fees and court costs; and plus (Biv) the excess present value (based upon a discount rate of five percent per annum) of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required provided to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to 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 (dv) 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 effective rental rates then being obtained by landlords for similar type space amounts of similar size in similar type buildings in rent collected remaining after such expenses shall operate only as an off setting credit against the general area in which amount due hereunder with any excess or residue belonging solely to Landlord, plus interest on the Premises is located, (e) foregoing sum at the vacancy levels in Delinquency Rate from the general area in which the Premises is located, (f) current levels date of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annumLandlord’s notice to Tenant demanding payment therefor until paid.

Damages Upon Lease Termination. If In the event that Landlord terminates elects to terminate this Lease, (i) 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 all obligations of Tenant under this Lease arising the period up to and including the date of such terminationTermination Date, and Tenant shall surrender the Premises to Landlord on the date specified in Landlord’s notice of termination, and plus (ii) Landlord may recover from Tenant the sum of: all Base Rent, Additional Rent and all other amounts accrued hereunder additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to the date of such termination; and all damages incurred by indemnify Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or under any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term provisions of this Lease, brokerage feeswhich may then be owing and unpaid, advertising plus (iii) all costs and all expenses, including, without limitation, court costs and reasonable expenses attorneys’ fees incurred by Landlord in pursuing the enforcement of any of its remediesrights and remedies hereunder, including reasonable attorneys’ fees and court costs; and plus (Biv) the excess present value (based upon a discount rate of five percent per annum) of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required provided to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, plus (dv) 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 effective rental rates then being obtained by landlords for similar type space amounts of similar size in similar type buildings in rent collected remaining after such expenses shall operate only as an off setting credit against the general area in which amount due hereunder with any excess or residue belonging solely to Landlord, plus interest on the Premises is located, (e) foregoing sum at the vacancy levels in Delinquency Rate from the general area in which the Premises is located, (f) current levels date of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annumLandlord’s notice to Tenant demanding payment therefor until paid.

Damages Upon Lease Termination. If In the event that Landlord terminates elects to terminate this Lease, (i) 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 all obligations of Tenant under this Lease arising the period up to and including the date on which the Lease is terminated, plus (ii) all other additional sums payable by Tenant or for which Tenant is liable or in respect ofwhich Tenant has agreed to indemnify Landlord under any of such terminationthe provisions of this Lease, which may then be owing and unpaid, plus (iii) all reasonable costs and expenses, including, without limitation, court costs and reasonable attorneys' fees incurred by Landlord in the enforcement of any ofits rights and remedies hereunder, plus (iv) the present value (based upon a discount rate ofeight percent (8%) per annum) of the Rent provided to be paid for the remainder of the Tenn, plus (v) interest on the foregoing amounts at the Delinquency Rate from the date ofLandlord'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 surrender remain liable to pay Landlord for, (i) all Rent and other amounts due . and owing under this Lease not previously paid pursuant to the Premises to Landlord on the date specified in Landlord’s notice provisions of terminationthis Lease, and plus (ii) Landlord may recover from Tenant damages equal to the sum of: of (y) all Base Rent, Additional Rent and all other amounts sums which would have accrued hereunder to under this Lease after the date of termination had it not been terminated, such termination; 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 damages incurred by Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing such reletting, including, without limitation, the expenses enumerated in Section 21 .3 and storing Tenant’s the net amounts ofrent collected remaining after such expenses shall operate only as an off setting credit against the amount due hereunder with any excess or any other occupant’s propertyresidue belonging solely to Landlord, repairing, altering, remodeling, or otherwise putting plus interest on the Premises into the condition necessary to rent the Premises foregoing sum at the prevailing market rate Delinquency Rate from the date ofLandlord's notice to Tenant demanding payment therefor until paid. In the case of any Event ofDefault by Tenant, Landlord shall have the obligation to use all commercially reasonable efforts to mitigate its damages to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term of this Lease, brokerage fees, advertising costs and all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys’ fees and court costs; and (B) the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, (d) the net effective rental rates then being obtained by landlords for similar type space of similar size in similar type buildings in the general area in which the Premises is located, (e) the vacancy levels in the general area in which the Premises is located, (f) current levels of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflationlaw. Such present values shall be calculated at a discount rate of five percent (5%) per annum.781999_9 26

Damages Upon Lease Termination. If In the event that Landlord terminates elects to terminate this Lease, (i) Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable to pay Landlord for for, (i) all obligations of Tenant Rent and other amounts due and owing under this Lease arising up not previously paid pursuant to the date provisions of such terminationthis Lease, and Tenant shall surrender plus(ii) interest on any unpaid Rent to accrue at the Premises to Landlord on Delinquency Rate from the date specified in Landlord’s notice of terminationthat the Rent is due until the date it is paid plus (iii) on a periodic basis as such payments become due, and (ii) Landlord may recover from Tenant damages equal to the sum of: all Base Rent, Additional of (1) the Rent and all other amounts sums which would have accrued hereunder to under this Lease after the date of termination had it not been terminated, such termination; 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 damages incurred by Landlord arising from costs of such Event reletting and the net amounts of Default, including but not limited 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 (A) the cost of reletting the whole or any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the TermLandlord), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting plus (3) interest on the Premises into the condition necessary to rent the Premises foregoing sum at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term of this Lease, brokerage fees, advertising costs and all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys’ fees and court costs; and (B) the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be paid by Tenant to Landlord during the period following the termination of this Lease measured Delinquency Rate from the date of such termination Landlord’s notice to Tenant demanding payment therefor until paid. In the expiration date stated event that Landlord terminates this Lease but elects to exercise the remedy set forth in this LeaseSection 12.5, over Landlord agrees that Landlord’s obligations under the present value Lease existing after an Event of any net amounts which Landlord can reasonably expect Default by Tenant, including without limitation, the obligation to recover by reletting the Premises for such perioduse commercially reasonable efforts to mitigate damages, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, (d) the net effective rental rates then being obtained by landlords for similar type space of similar size in similar type buildings in the general area in which the Premises is located, (e) the vacancy levels in the general area in which the Premises is located, (f) current levels of new construction that will be completed during the remaining Term shall survive said termination and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annumenforceable by Tenant against Landlord.

Damages Upon Lease Termination. If Landlord terminates this LeaseLease pursuant to the provisions of Section 16.3.1, then, without limiting any other remedy available to Landlord, Landlord shall be entitled to recover from Tenant: (i) Tenant shall remain liable to Landlord for the worth at the time of award of the unpaid Base Rent and all obligations of Tenant under this Lease arising other amounts which had accrued up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in Landlord’s notice of termination, and (ii) Landlord may recover from Tenant the sum of: all worth at the time of award of the unpaid Base Rent, Additional Rent and all other amounts accrued hereunder which would have been earned under this Lease after such termination up to the date of such terminationaward (if this Lease were not so terminated), less the amount of such Base Rent loss that the Tenant proves could have been reasonably avoided; and all damages incurred by Landlord arising from such Event of Default, including but not limited to (Aiii) the cost worth at the date of reletting the whole or any part award of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable unpaid Base Rent which would have been earned under this Lease for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration balance of the Term occurring after the date of award (if this LeaseLease were not so terminated), brokerage fees, advertising costs and all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys’ fees and court costsless the amount of such Base Rent loss that the Tenant proves could be reasonably avoided; and (Biv) any other amount necessary to compensate Landlord for all the excess of the then present value of the Base Rent and other amounts payable detriment proximately caused by Tenant Tenant’s failure to perform its obligations under this Lease as or which, in the ordinary course of things, would otherwise have been required be likely to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, result therefrom (including, but not limited toto those amounts of unpaid taxes, (a) insurance premiums and utilities for the length time preceding surrender of possession, attorney’s fees, court costs, and all other unpaid amounts hereunder), all of which shall be deemed to be Base Rent hereunder. The “worth at the time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder award” of the Term, amount referred to in clause (diii) the net effective rental rates then being obtained by landlords for similar type space of similar size in similar type buildings in the general area in which the Premises is located, (e) the vacancy levels in the general area in which the Premises is located, (f) current levels of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated computed by discounting such amount at a the discount rate of five the Federal Reserve Bank of San Francisco at the time of award, plus one percent (51%) per annum).

Damages Upon Lease Termination. If Landlord terminates elects to terminate this Lease, then, in addition to all other rights and remedies of Landlord, Tenant will remain liable to pay to Landlord as damages an amount equal to (i) Tenant shall remain liable to Landlord for all obligations of Tenant Rent due under this Lease arising accrued and unpaid for the period up to and including the date of such terminationtermination date, and Tenant shall surrender the Premises to Landlord on the date specified in Landlord’s notice of termination, and plus (ii) Landlord may recover from Tenant the sum of: all Base Rent, Additional Rent and all other amounts accrued hereunder additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to the date of such termination; and all damages incurred by indemnify Landlord arising from such Event of Default, including but not limited to (A) the cost of reletting the whole or under any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord (provided that Tenant shall not be liable for any portion applicable to the period after the scheduled expiration date of the Term), and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into the condition necessary to rent the Premises at the prevailing market rate to the extent that Tenant was required to perform such restoration at the scheduled expiration of the Term provisions of this Lease, brokerage feeswhich may then be owing and unpaid, advertising plus (iii) all costs and all expenses, including, without limitation, court costs and reasonable expenses attorneys’ fees incurred by Landlord in pursuing the enforcement of any of its remediesrights and remedies under this Lease, including reasonable attorneys’ fees and court costs; and plus (Biv) the excess present value (based upon a discount rate of 300 basis points above the then existing yield on U.S. Treasury Notes) of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required provided to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration all relevant factors, including, but not limited to, (a) the length of time remaining in the remaining Term, (b) the then current market conditions in the general area in which the Premises is located, (c) the likelihood of reletting the Premises for a period of time equal to the remainder of the Term, plus (dv) 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 has the right, from time to time, to recover from Tenant upon demand, and Tenant remains liable to pay Landlord for, all Rent and other amounts due and owing under this Lease not previously paid pursuant to the provisions of this Lease plus (x) damages equal to the sum of (i) 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 (y) 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 23.3 and the net effective rental rates then being obtained by landlords for similar type space amounts of similar size in similar type buildings in rent collected remaining after such expenses shall operate only as an off setting credit against the general area in which amount due under this Lease with any excess or residue belonging solely to Landlord, plus interest on the Premises is located, (e) foregoing sum at the vacancy levels in Delinquency Rate from the general area in which the Premises is located, (f) current levels date of new construction that will be completed during the remaining Term and how this construction will likely affect vacancy rates and rental rates, and (g) inflation. Such present values shall be calculated at a discount rate of five percent (5%) per annumLandlord’s notice to Tenant demanding payment until paid.