Common use of Damages Upon Lease Termination Clause in Contracts

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 of Tenant’s default hereunder which remains uncured beyond any applicable cure period, Landlord elects may also elect to terminate this Lease on written notice to Tenant. If Landlord terminates the Lease, Landlord shall have the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain liable agrees to pay Landlord for, on demand the sum of (i) all Rent, Additional Rent and other amounts due and owing under this Lease not previously paid pursuant indebtedness accrued to the date of Tenant’s surrender of the Leased Premises to Landlord in accordance with this Lease, together with all costs and expenses of Landlord, including without limitation reasonable counsel fees, and (ii) as liquidated damages, an amount equal to, as of the 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 which would have otherwise been payable hereunder during the remainder of the Term of this Lease; provided, however, 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, plus(ii) interest on any unpaid Rent Landlord and Tenant agreeing that Landlord’s actual damages in such event are impossible to accrue at the Delinquency Rate from the date ascertain and that the Rent amount set forth above is due until a reasonable estimate thereof. This Section 18 will survive the date it is paid plus (iii) on a periodic basis as termination of this Lease. Upon making such payments become due, damages equal to payment and after Landlord has received the sum balance of (1) the Rent and all other sums which it would have accrued under this Lease after received over the date remainder of termination had it not been terminatedthe Term (i.e., such damages the difference between face amount of Minimum Rent and Additional Rent due hereunder for the entire Term and the discounted amount paid to be due and payable as such sums become dueLandlord by Tenant), less (2) at each such time of payment, such amounts as Landlord may actually Tenant shall receive from reletting (after first paying Landlord all costs Minimum Rent received by Landlord from other tenants of such reletting and the Leased Premises during the Term hereof, net of expenses incurred by Landlord, provided that the amounts of rent collected remaining after such expenses to which Tenant shall operate only as an off-setting credit against become so entitled shall in no event exceed the entire 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 actually paid by Tenant against Landlordto Landlord pursuant to this paragraph. This Section 18 will survive the termination of this Lease.

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.. 12.6

Damages Upon Lease Termination. In the event that If Landlord elects to terminate this Lease, then, in addition to all other rights and remedies of Landlord, Tenant will remain liable to pay to Landlord shall have as damages an amount equal to (i) all Rent due under this Lease 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 under this Lease, plus (iv) the present value (based upon a discount rate of 300 basis points above the then existing yield on U.S. Treasury Notes) 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 has the right, from time to time, to recover from Tenant upon demand, and Tenant shall remain remains 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 Lease plus (iiix) on a periodic basis as such payments become due, damages equal to the sum of (1i) the 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 (2y) at each such time of payment, such amounts as Landlord may actually receive from reletting (after first paying all costs of such reletting reletting, including, without limitation, the expenses enumerated in Section 23.3 and the net amounts of rent collected remaining after such expenses shall operate only as an off-off setting credit against the amount due hereunder under this Lease 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, 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) 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 (iiiii) on a periodic basis as such payments become due, damages equal to the sum of (1y) the 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 (2z) at each such time of payment, such amounts as Landlord may actually receive from reletting (after first paying all costs of such reletting 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-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 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 the 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 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 (iiiii) on a periodic basis as such payments become due, damages equal to the sum of (1y) the 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 (2z) at each such time of payment, such amounts as Landlord may actually receive from reletting (after first paying all costs of such reletting reletting, including, without limitation, the expenses enumerated in Section 21 .3 and the net amounts of rent ofrent collected remaining after such expenses shall operate only as an off-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 ofLandlord'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 case of any Event of Default ofDefault by Tenant, including without limitation, Landlord shall have the obligation to use all commercially reasonable efforts to mitigate damages, shall survive said termination and shall be enforceable its damages to the extent required by Tenant against Landlord.law. 781999_9 26

Damages Upon Lease Termination. In the event that If 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 date of termination, 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 (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) 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 (iiiii) on a periodic basis as such payments become due, damages equal to the sum of of: (1y) the 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 (2z) at each such time of payment, such amounts as Landlord may actually receive from reletting (after first paying all costs of such reletting 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-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 If Landlord terminates elects to terminate 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 following an Event of Default by TenantDefault, including without limitation, the obligation to Landlord shall use its commercially reasonable efforts to mitigate damages, shall survive said termination and shall be enforceable its damages to the extent required by Tenant against LandlordApplicable Laws.